MOFFAT DIGITAL PTY LTD
MASTER TRADING TERMS & CONDITIONS
These Trading Terms & Conditions (“Terms”) apply to all services provided by Moffat Digital Pty Ltd (ABN 31 669 166 938) (“Moffat Digital”).
1. Acceptance of Terms
By approving a quote, submitting a ticket, instructing Moffat Digital Pty Ltd to proceed, or paying an invoice, you agree to our Master Trading Terms & Conditions. Services operate strictly within defined scope and governance standards and continue unless formally cancelled in writing by an authorised representative via our ticketing system. Payment of invoices constitutes continued instruction to Moffat Digital Pty Ltd to provide services.
A Client is deemed to have accepted these Terms upon the earlier of:
- Approval of a quote;
- Submission of a service request (including via ticketing system, email, or written instruction);
- Payment of any invoice; or
- Continued use of services.
Continued engagement constitutes full acceptance of these Terms.
2. Nature of Services
2.1 Moffat Digital Pty Ltd operates as a Managed Service Provider (MSP) and IT Managed Services Provider.
2.2 Services include advisory, configuration, administration, monitoring, vendor coordination, and managed service frameworks delivered using proprietary systems and structured service environments.
2.3 Services may be itemised for billing purposes but may operate as interconnected components of an integrated managed system.
2.4 Services are provided strictly within defined scope.
3. Scope of Work
3.1 Services are limited to those:
- Outlined in approved quotes;
- Defined within ticket descriptions;
- Confirmed in writing by Moffat Digital; or
- Covered under an agreed service package.
3.2 Work outside agreed scope will require separate approval and may incur additional charges.
3.3 Moffat Digital will not install, merge, or integrate services into private home environments or systems not owned or formally operated by the organisation receiving services.
4. Service Standards
4.1 Moffat Digital Pty Ltd aims to respond to service requests promptly, typically within 2 minutes to 1 hour during business operating hours.
4.2 In some cases, depending on the complexity of the request or volume of requests, responses may take longer.
4.3 Response time refers to acknowledgement and initial engagement with the request and does not constitute full resolution.
4.4 After-hours, urgent, or escalation services may incur additional fees unless covered under a specific support plan or agreement.
5. Ticketing & Communication Policy
5.1 All service requests must be submitted via the official Moffat Digital ticketing system.
5.2 Phone calls, SMS, or informal communications may be logged into the ticketing system and treated as formal instructions.
5.3 Moffat Digital reserves the right to refuse to discuss or disclose information to any person not formally authorised by the Client.
6. Data, Cyber Security & Limitation of Liability
6.1 While Moffat Digital exercises reasonable care and industry best practice, it does not guarantee:
- Prevention of data loss;
- Prevention of data corruption;
- Prevention of cyber incidents;
- Continuous uptime of third-party systems;
- Vendor platform reliability.
6.2 To the maximum extent permitted by law, Moffat Digital shall not be liable for:
- Loss of data;
- Corruption of data;
- Business interruption;
- Loss of revenue or profits;
- Indirect or consequential loss;
- Cyber incidents caused by third parties.
6.3 Where liability cannot be excluded under Australian Consumer Law, liability is limited to the resupply of services or the cost of resupply at Moffat Digital’s discretion.
6.4 Business continuity planning and verification of backups remain the Client’s responsibility unless specifically contracted otherwise.
7. Third-Party Providers & Conflict of Interest
7.1 Engagement of additional IT providers, contractors, consultants, or internal administrators may create operational or security conflicts.
7.2 Moffat Digital is not responsible for actions, omissions, configurations, or security practices of third parties.
7.3 Where Moffat Digital reasonably determines that third-party involvement:
- Creates security exposure;
- Undermines system integrity;
- Increases commercial or insurance risk;
- Causes material financial harm; or
- Creates a conflict of interest,
Moffat Digital reserves the right to:
- Suspend affected services;
- Restrict access;
- Remove administrative control;
- Require written risk acknowledgment; or
- Initiate cancellation.
7.4 Liability is limited strictly to systems and services directly and exclusively controlled by Moffat Digital.
7.5 The Client indemnifies Moffat Digital from claims arising from third-party involvement or multi-vendor disputes.
8. Proprietary Systems, Access & Bundled Services
8.1 Services are delivered using structured proprietary systems.
8.2 Administrative credentials and underlying vendor passwords are not provided unless agreed in writing.
8.3 Where clients purchase vendor services directly but grant administrative access to Moffat Digital, all Moffat Digital credentials will be removed upon cancellation period expiry.
8.4 For bundled, integrated, or managed services, Moffat Digital will not provide direct passwords, credentials, or administrative access to individual services.
8.5 Moffat Digital will only approve and coordinate service transfers or migrations through the official ticketing system. The Client or new provider is responsible for performing any technical migration or reconfiguration.
8.6 From the moment a transfer or migration is initiated, Moffat Digital is not liable for any data, security, or operational issues arising from the transition.
9. Cancellation & Transfer of Services
9.1 Services continue automatically until written cancellation is submitted via the official ticketing system.
9.2 Cancellation must be requested by an authorised company representative.
9.3 Upon written approval of cancellation:
- All responsibility of Moffat Digital ceases from the effective cancellation date;
- Responsibility transfers to the Client and/or newly appointed provider.
9.4 Moffat Digital will approve transfers but will not assist in migration, transition, or reconfiguration unless separately contracted.
9.5 Data will remain available only during the vendor’s cancellation period. After that period, data may be permanently deleted. Extensions are not guaranteed.
9.6 Moffat Digital is not liable for matters identified after cancellation.
10. Pricing & Vendor Adjustments
10.1 Pricing is subject to change due to:
- Vendor pricing changes;
- Licensing adjustments;
- Exchange rate fluctuations;
- Regulatory or compliance changes.
10.2 Updated vendor pricing will automatically apply to ongoing services.
11. Payment Terms
11.1 Invoices must be paid by the due date.
11.2 If payment is overdue:
- Services may be placed on hold immediately;
- After four (4) weeks overdue, services may be suspended or locked.
11.3 If insolvency or permanent business closure is reasonably suspected, services and associated data may be cancelled or deleted.
11.4 The Client is liable for all recovery costs, including legal fees on an indemnity basis.
11.5 Lapsed or Expired Services:
11.5.1 If any service, licence, subscription, hosting, domain, security product, or third-party platform lapses, expires, or is suspended due to:
- Late payment by the Client;
- Failure to respond to renewal notices;
- Failure to approve quotes or renewals; or
- Failure to provide required information within reasonable timeframes,
Moffat Digital shall not be responsible for any resulting service interruption, data loss, reconfiguration requirements, security exposure, or vendor penalties.
11.5.2 If a vendor imposes reactivation, reinstatement, penalty, recovery, or reconfiguration fees due to service lapse, such costs shall be payable by the Client in full.
11.5.3 Moffat Digital reserves the right to charge reasonable administrative, technical, and management fees associated with restoring, reactivating, or rebuilding expired services.
11.5.4 Where expiry or suspension is caused by Client inaction or delayed payment, Moffat Digital shall not be liable for any direct, indirect, or consequential loss arising from the lapse.
12. Insolvency
If the Client enters liquidation, administration, insolvency, or ceases trading, Moffat Digital may immediately terminate services without liability.
13. Professional Engagement Model
13.1 Moffat Digital provides structured, premium managed IT services within defined service frameworks.
13.2 Informal, undefined, or ad-hoc support outside agreed scope is not provided.
13.3 Professional boundaries are essential to maintaining service standards and operational integrity.
14. Entire Agreement & Conduct-Based Acceptance
14.1 Where no formal signed agreement exists, continued use of services, submission of requests, or payment of invoices constitutes full acceptance of these Terms.
14.2 These Terms represent the entire agreement unless superseded by a signed written contract.
15. Governing Law
These Terms are governed by the laws of the State or Territory in which Moffat Digital Pty Ltd is registered. The parties submit to the jurisdiction of Australian courts.