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TERMS AND CONDITIONS

MLtech Online Subscription Services - Individual Customers

Updated: 31/10/2025

ABN: 12 720 048 812

Address: 2/4 Cape Place, Cherrybrook NSW, 2126, Australia

Email: support@mltech.au

1. ABOUT THESE TERMS

1.1 Who These Terms Apply To

These Terms apply when you purchase subscription services from MLtech, including:

  • Computing resources subscriptions
  • Game server hosting
  • Related online services

1.2 Your Agreement

By subscribing to our services, creating an account, or using our services, you agree to these Terms.

1.3 Definitions

  • "We", "us", "our" means MLtech
  • "You", "your" means the customer subscribing to Services
  • "Services" means the subscription services you purchase from us
  • "Subscription" means your ongoing access to Services based on recurring payments
  • "Account" means your personal account for accessing Services
  • "Subscription Fee" means the recurring charge for your Subscription

2. YOUR CONSUMER RIGHTS

2.1 Australian Consumer Law

You have rights under the Australian Consumer Law that cannot be excluded, including guarantees that:

  • Services are provided with acceptable quality
  • Services are fit for the purpose you told us about
  • Services are delivered with due care and skill
  • Services match descriptions we provide

2.2 What This Means

If we fail to meet these guarantees, you are entitled to a remedy. Nothing in these Terms limits your rights under Australian Consumer Law.

2.3 Refunds

You may be entitled to a refund if:

  • Services have a major failure (they don't work as expected and can't be fixed)
  • We don't deliver Services as promised
  • Services don't match our description

3. CREATING AN ACCOUNT

3.1 Account Requirements

To subscribe, you must:

  • Be at least 18 years old (or have parental consent if under 18)
  • Provide accurate and complete information
  • Keep your account information up to date

3.2 Parental Consent

If you are under 18, your parent or guardian must review and agree to these Terms on your behalf.

3.3 Account Security

You are responsible for:

  • Keeping your password confidential
  • All activity that occurs under your account
  • Notifying us immediately of unauthorised access

3.4 One Account Per Person

You may only create one account. We may suspend or terminate duplicate accounts.

4. SUBSCRIPTION SERVICES

4.1 What You Get

Your Subscription provides access to the Services described on our website or in your order confirmation.

4.2 Service Specifications

We describe our Services on our website, including:

  • Computing resources (CPU, RAM, storage)
  • Bandwidth and data transfer limits
  • Game server specifications
  • Uptime targets

4.3 Changes to Services

We may:

  • Update or improve Services to fix bugs or add features
  • Change specifications with reasonable notice if required for technical, security, or legal reasons

If changes materially reduce your service level, you may cancel without penalty.

4.4 Service Availability

We aim for high availability but cannot guarantee uninterrupted service. We are not liable for:

  • Scheduled maintenance (we'll notify you in advance when possible)
  • Emergency maintenance for security or stability
  • Issues beyond our control (internet outages, hosting provider issues, external cyber security incidents)

5. PRICING AND PAYMENT

5.1 Subscription Fees

Fees are displayed on our website and in your account. All prices include GST.

5.2 Payment Methods

We accept payment by:

  • Credit/Debit card
  • PayPal
  • BECS Direct Debit (on some services)
  • Apple Pay
  • Google Pay
  • Link

5.3 Recurring Billing

By subscribing, you authorise us to charge your payment method automatically:

  • Monthly subscriptions: charged on the same day each month
  • Annual subscriptions: charged annually on your subscription anniversary

5.4 Payment Failure

If payment fails:

  • We will attempt to charge your payment method up to three times
  • We will email you about the failed payment
  • Your Services may be suspended if payment is not received within 7 days
  • Your Subscription may be cancelled if payment is not received within 15 days

5.5 Price Changes

We may change Subscription Fees:

  • We will give you at least 30 days' notice before price increases
  • Price increases take effect on your next billing date after the notice period
  • You can cancel before the price increase takes effect if you don't want to pay the new price

5.6 Refunds for Cancelled Subscriptions

If you cancel:

  • You can use Services until the end of your current billing period
  • We do not provide pro-rata refunds for unused time unless required by Australian Consumer Law
  • Refunds for defective services are available as required by law

5.7 Taxes

All Fees include GST. You are responsible for any other taxes in your jurisdiction.

6. FREE TRIALS AND PROMOTIONAL OFFERS

6.1 Free Trial Terms

If we offer a free trial:

  • Trial length is specified at sign-up
  • You must provide payment details to start a trial
  • You will be charged automatically when the trial ends unless you cancel
  • We will email you before charging you

6.2 Trial Cancellation

You can cancel during the trial period without charge by following the cancellation process in your account.

6.3 One Trial Per Customer

Free trials are limited to one per customer. We may refuse trial access if you have previously used a trial.

6.4 Promotional Pricing

Promotional discounts apply for the period specified. After the promotional period, standard pricing applies unless you cancel.

7. YOUR RESPONSIBILITIES

7.1 Acceptable Use

You must not use Services:

  • For illegal purposes
  • To violate others' rights
  • To transmit harmful code (viruses, malware)
  • To attack, probe, or interfere with our systems or other users
  • To send spam or unsolicited communications
  • To host illegal content
  • To infringe copyright or intellectual property
  • To impersonate others
  • For crypto-currency mining (unless explicitly allowed in your service plan)
  • For any application that may cause personal injury or death to any individual

7.2 Content You Upload

You are responsible for:

  • All content you upload, store, or transmit
  • Ensuring you have rights to upload content
  • Compliance with copyright and other laws

7.3 Resource Usage

You must not:

  • Exceed your plan's resource allocations
  • Use Services in ways that degrade performance for other users
  • Attempt to gain unauthorised access to additional resources

7.4 Backups

You are responsible for backing up your data. We are not responsible for data loss.

8. OUR RESPONSIBILITIES

8.1 Service Provision

We will:

  • Provide Services with reasonable care and skill
  • Use reasonable security measures to protect your data
  • Comply with applicable Australian laws
  • Respond to support requests within reasonable time frames

8.2 Data Protection

We handle your personal information in accordance with:

  • The Privacy Act 1988 (Cth)
  • Australian Privacy Principles
  • Our Privacy Policy

8.3 Data Security

While we implement security measures, we cannot guarantee absolute security. You should:

  • Use strong passwords
  • Keep credentials confidential
  • Enable two-factor authentication if available

9. SUSPENSION AND TERMINATION

9.1 When We May Suspend

We may immediately suspend your Services if:

  • You breach these Terms (especially acceptable use provisions)
  • Your account is being used for illegal activity
  • Your account poses security risks to us or other users
  • Payment is overdue
  • Required by law or law enforcement

9.2 Notice

We will usually notify you before suspension unless:

  • Immediate action is needed for security reasons
  • We are required by law not to notify you
  • Notification would hinder investigation of illegal activity

9.3 Restoration

If suspended for payment issues, Services will be restored within 24 hours of payment receipt. For other issues, we will provide information on how to resolve the issue.

9.4 Termination by Us

We may terminate your Subscription:

  • For serious or repeated breaches of these Terms
  • If you provide false information
  • If your use creates legal or security risks

9.5 Effect of Termination

Upon termination:

  • You lose access to Services immediately or at the end of your billing period (depending on reason)
  • You have 30 days to download your data before deletion
  • We are not liable for refunds except as required by Australian Consumer Law

10. CANCELLATION BY YOU

10.1 How to Cancel

You can cancel any time by:

  • Logging into your account and selecting cancel subscription, or
  • Contacting our support team at support@mltech.au

10.2 When Cancellation Takes Effect

  • Cancellation takes effect at the end of your current billing period
  • You can continue using Services until then
  • You will not be charged for subsequent periods

10.3 No Refunds for Partial Periods

We do not provide refunds for unused time in your billing period unless:

  • Services have failed to meet consumer guarantees
  • Required by Australian Consumer Law
  • We have terminated without cause

10.4 Cooling-Off Period

If you purchase online or over the phone, you may have cooling-off rights allowing cancellation within a certain period. Contact us if you believe you have these rights.

11. INTELLECTUAL PROPERTY

11.1 Our IP

We own all rights to:

  • Our website and Services
  • Our software, systems, and technology
  • Our logos, trademarks, and branding
  • Content we provide

11.2 Your IP

You retain all rights to content you upload. By using Services, you grant us a license to:

  • Store and process your content
  • Display your content as necessary to provide Services
  • Back up your content

11.3 Third Party Software

Services may include third-party software subject to separate licenses. You must comply with those licenses.

12. LIABILITY AND WHAT WE'RE RESPONSIBLE FOR

12.1 Our Liability

To the maximum extent permitted by law:

  • We are not liable for indirect or consequential losses
  • Our total liability is limited to the Fees you paid in the 12 months before the event

12.2 Consumer Guarantees

The limitations in clause 12.1 do not apply to:

  • Rights and guarantees under Australian Consumer Law that cannot be excluded
  • Liability for death or personal injury caused by our negligence
  • Liability for fraud

12.3 What We're Not Liable For

We are not liable for:

  • Loss or corruption of your data (you must maintain backups)
  • Losses from third-party services or products
  • Your breach of these Terms
  • Unauthorised access to your account due to your failure to secure credentials
  • Service interruptions beyond our reasonable control

12.4 Your Liability

You are liable for:

  • Breaches of these Terms
  • Illegal use of Services
  • Claims arising from your content
  • Unauthorised use of your account that results from your failure to secure it

13. DISPUTE RESOLUTION

13.1 Contact Us First

If you have a complaint or dispute, please contact us at support@mltech.au. We will attempt to resolve issues quickly and fairly.

13.2 External Dispute Resolution

If we cannot resolve your complaint, you may contact:

  • NSW Fair Trading
  • Australian Competition and Consumer Commission (ACCC)
  • Telecommunications Industry Ombudsman (if applicable)

13.3 Legal Action

These Terms are governed by the laws of New South Wales, Australia. Disputes will be heard in NSW courts.

14. GENERAL TERMS

14.1 Changes to Terms

We may update these Terms:

  • We will post updated Terms on our website
  • We will email you about material changes
  • Continued use after changes means you accept the new Terms
  • If you don't agree, you can cancel your Subscription

14.2 Communications

By subscribing, you agree to receive:

  • Service-related emails (invoices, security alerts, service updates)
  • Marketing emails (you can opt out of these)

Communications will be sent to the email address in your account.

14.3 Transfer of Rights

We may transfer our rights and obligations to another company. We will notify you if this happens. You cannot transfer your Subscription without our permission.

14.4 No Waiver

If we don't enforce a right under these Terms, it doesn't mean we waive that right.

14.5 Severability

If any part of these Terms is invalid, the rest remains in effect.

14.6 Entire Agreement

These Terms, our Privacy Policy, and your order confirmation contain the entire agreement between us.

14.7 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, pandemics, internet outages, government actions, cyber attacks).

15. PRIVACY

Our Privacy Policy explains how we collect, use, and protect your personal information.

16. DEFINITIONS AND INTERPRETATION

17.1 Business Day

Means a day that is not Saturday, Sunday, or a public holiday in New South Wales.

17.2 Personal Information

Has the meaning given in the Privacy Act 1988 (Cth).

17.3 GST

Has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

MLtech IT Consulting & Technical Support Services - Business Customers

Updated: 31/10/2025

ABN: 12 720 048 812

Address: 2/4 Cape Place, Cherrybrook NSW, 2126, Australia

Email: support@mltech.au

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms:

  • "Client" means the business entity purchasing Services from MLtech
  • "Services" means IT consulting services, technical support, and related professional services as described in the Service Order
  • "Service Order" means the written agreement, purchase order, or statement of work describing the specific Services to be provided
  • "Fees" means the charges for Services as set out in the Service Order
  • "Business Day" means a day that is not a Saturday, Sunday or public holiday in New South Wales
  • "Confidential Information" means information disclosed by one party to the other that is marked as confidential or would reasonably be considered confidential

1.2 Interpretation

These Terms apply to all Services provided by MLtech to business clients. References to statutes include amendments and replacements.

2. SCOPE OF SERVICES

2.1 Service Provision

MLtech will provide the Services described in the Service Order with reasonable care and skill in accordance with industry standards.

2.2 Service Orders

Each Service Order forms part of the contract between MLtech and the Client. Services commence upon acceptance of a Service Order by both parties.

2.3 Changes to Services

Any changes to the scope of Services must be agreed in writing. MLtech will provide a written variation to the Fees if requested changes affect the cost or time frame.

2.4 Best Efforts

MLtech will use reasonable endeavours to meet agreed time frames but does not guarantee specific completion dates unless expressly agreed in writing as a firm deadline.

3. CLIENT OBLIGATIONS

3.1 Cooperation

The Client must:

  • Provide timely access to premises, systems, and information reasonably required
  • Ensure appropriate personnel are available for consultation
  • Provide accurate and complete information
  • Maintain appropriate backups of all data and systems

3.2 Third Party Services

The Client is responsible for maintaining relationships with third-party service providers. MLtech is not liable for delays or issues caused by third parties.

3.3 Authority

The Client warrants that persons instructing MLtech have authority to do so and to bind the Client.

4. FEES AND PAYMENT

4.1 Service Fees

Fees are calculated as:

  • Hourly rates as specified in the Service Order, or
  • Fixed project fees as specified in the Service Order, or
  • Time and materials basis (hours worked plus expenses)

4.2 Expenses

Reasonable expenses incurred in providing Services (travel, accommodation, materials) will be charged in addition to Fees unless included in a fixed price arrangement.

4.3 Payment Terms

Standard payment terms are NET15 (due within 15 days of invoice date) but may be extended to NET30 (due within 30 days of invoice date) by mutual agreement.

4.4 Late Payment

If payment is not received by the due date:

  • MLtech may charge interest on overdue amounts at the rate of the Reserve Bank of Australia cash rate plus 6% per annum, calculated daily
  • MLtech may suspend Services without liability until payment is received
  • MLtech may engage debt recovery services with costs added to the outstanding amount

4.5 Disputed Invoices

The Client must notify MLtech in writing within 15 days if disputing an invoice, specifying the disputed amount and reason. Undisputed portions must be paid by the due date.

4.6 GST

All Fees are exclusive of GST unless stated otherwise. GST will be added to invoices where applicable.

5. INTELLECTUAL PROPERTY

5.1 Pre-existing IP

Each party retains ownership of its pre-existing intellectual property.

5.2 Work Product

Intellectual property in work product created specifically for the Client under a Service Order (custom code, documentation, configurations) will transfer to the Client upon full payment of Fees, unless otherwise agreed in writing.

5.3 MLtech Tools and Methods

MLtech retains ownership of its general methodologies, tools, templates, and know-how, including any improvements developed during the provision of Services.

5.4 Third Party Software

The Client is responsible for obtaining and maintaining appropriate licenses for third-party software. MLtech makes no warranties regarding third-party software.

6. CONFIDENTIALITY

6.1 Obligations

Each party must:

  • Keep Confidential Information confidential
  • Use Confidential Information only for the purpose of the Services
  • Not disclose Confidential Information without prior written consent

6.2 Exceptions

Confidential Information does not include information that:

  • Is publicly available through no breach of these Terms
  • Was rightfully known prior to disclosure
  • Is independently developed
  • Must be disclosed by law or court order

6.3 Return of Information

Upon request or termination, each party must return or destroy Confidential Information.

7. DATA PROTECTION AND PRIVACY

7.1 Privacy Act Compliance

MLtech will handle personal information in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

7.2 Data Security

MLtech will implement reasonable security measures to protect Client data but cannot guarantee absolute security.

7.3 Data Breach

MLtech will notify the Client promptly if it becomes aware of unauthorised access to Client data and will cooperate in any required breach response.

7.4 Data Ownership

The Client retains ownership of all Client data. MLtech has no rights to use Client data except as necessary to provide Services.

8. WARRANTIES AND LIMITATIONS

8.1 MLtech Warranties

MLtech warrants that:

  • Services will be provided with reasonable care and skill
  • It has the right to provide the Services
  • Services will comply with applicable laws

8.2 Client Warranties

The Client warrants that:

  • It has the right to grant MLtech access to its systems and data
  • It will comply with all applicable laws
  • Information provided to MLtech is accurate

8.3 Disclaimer

Except as expressly stated in these Terms:

  • MLtech makes no warranties, express or implied
  • Services are provided "as is" to the extent permitted by law
  • MLtech does not warrant that Services will be uninterrupted or error-free

8.4 Competition and Consumer Act

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, warranties, or other rights that cannot be excluded under the Competition and Consumer Act 2010 (Cth) or other applicable law.

9. LIABILITY AND INDEMNITY

9.1 Liability Cap

To the maximum extent permitted by law, MLtech's total liability for any claim arising from or in connection with these Terms or the Services is limited to the Fees paid by the Client in the 12 months prior to the event giving rise to the claim.

9.2 Excluded Losses

To the maximum extent permitted by law, MLtech is not liable for:

  • Indirect, consequential, or incidental losses
  • Loss of revenue, profit, savings, or business opportunity
  • Loss or corruption of data
  • Damage to reputation or goodwill

9.3 Exceptions to Limitations

The limitations in clauses 9.1 and 9.2 do not apply to:

  • Liability that cannot be excluded by law
  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Breach of confidentiality obligations

9.4 Client Indemnity

The Client indemnifies MLtech against claims, losses, and expenses arising from:

  • The Client's breach of these Terms
  • The Client's use of Services in violation of law
  • Third-party claims related to Client data or systems

9.5 Third Party Claims

MLtech is not required to become involved in disputes between the Client and end consumers or other third parties.

10. TERMINATION

10.1 Termination for Convenience

Either party may terminate Services on 30 days' written notice. The Client must pay for Services provided up to the termination date.

10.2 Termination for Cause

Either party may terminate immediately by written notice if:

  • The other party breaches a material term and fails to remedy within 15 days of notice
  • The other party becomes insolvent or enters administration

10.3 Effect of Termination

Upon termination:

  • The Client must pay all outstanding Fees and expenses
  • Each party must return Confidential Information
  • Clauses that are intended to survive (confidentiality, liability, IP) continue

10.4 Suspension

MLtech may suspend Services without liability if:

  • Payment is more than 15 days overdue
  • The Client breaches these Terms
  • Continuation would create legal or security risks

11. DISPUTE RESOLUTION

11.1 Good Faith Negotiation

Before commencing legal proceedings, parties must attempt to resolve disputes through good faith negotiation.

11.2 Mediation

If negotiation fails, parties agree to attempt mediation before litigation. Each party bears its own mediation costs unless otherwise agreed.

11.3 Continuing Obligations

Parties must continue performing their obligations during dispute resolution unless otherwise agreed.

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms and any Service Orders constitute the entire agreement between the parties and supersede all prior agreements and understandings.

12.2 Amendments

These Terms may only be amended by written agreement signed by both parties. MLtech may update Terms for future Service Orders with reasonable notice.

12.3 Waiver

Failure to enforce any provision does not constitute a waiver. Waivers must be in writing.

12.4 Severability

If any provision is invalid or unenforceable, it is severed and the remaining provisions continue in effect.

12.5 Assignment

The Client may not assign these Terms without MLtech's prior written consent. MLtech may assign to an affiliated entity.

12.6 Independent Contractors

The parties are independent contractors. Nothing creates a partnership, joint venture, or employment relationship.

12.7 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control (natural disasters, pandemics, war, strikes, internet outages, government actions).

12.8 Notices

Notices must be in writing and delivered to the address specified in the Service Order or these Terms. Notices are deemed received:

  • When delivered by hand
  • On signed receipt of registered post
  • On successful email transmission when acknowledged

12.9 Governing Law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

13. ACCEPTANCE

By accepting a Service Order, purchasing Services, or allowing MLtech to commence work, the Client agrees to be bound by these Terms.