Terms of Trade
Last updated: 1 March 2026
1. Definitions
In these Terms:
“Supplier”, “we”, “us” and “our” mean Cloud Remedy.
“Customer”, “you” and “your” mean the person, business, organisation or entity acquiring Goods or Services from Cloud Remedy.
“Goods” means equipment, computers, telecommunications equipment, hardware, software, accessories and any other products supplied by us.
“Services” means IT services, managed services, telecommunications services, VoIP services, cloud services, hosting, backup services, cybersecurity services, consulting, maintenance, support and any related services supplied by us.
2. Acceptance
By requesting, ordering, purchasing, accepting or using any Goods or Services supplied by Cloud Remedy, the Customer agrees to be bound by these Terms of Trade.
These Terms apply together with any quotation, proposal, service agreement, order form, Cloud Service Terms or other written agreement provided by us.
If there is any inconsistency between these Terms and a separately signed agreement, the separately signed agreement will apply to the extent of the inconsistency.
3. Quotations and Pricing
Quotations are valid for the period stated in the quotation. If no period is stated, the quotation is valid for 30 days from its date.
Prices are those stated in our quotation, proposal, order, agreement or invoice unless otherwise agreed in writing.
All prices are exclusive of GST unless expressly stated otherwise.
Additional work, products or services requested outside the original agreed scope may be charged separately.
4. Payment Terms
Invoices are payable within 14 days from the invoice date, unless different payment terms have been agreed in writing.
The Customer must make payment without set-off, withholding or deduction unless required by law.
Where a recurring payment arrangement has been established, the Customer authorises us to process payments in accordance with that arrangement.
We may charge interest on overdue amounts at the rate of up to 2% per month, calculated daily from the payment due date until payment is received.
Reasonable late-payment administration charges may also be applied to overdue accounts.
5. Suspension of Services
We may suspend, restrict or discontinue any Service where:
- an invoice remains unpaid after its due date;
- the Customer breaches these Terms or another agreement with us;
- the Customer’s use of the Service creates a security, legal or operational risk;
- the Customer uses a Service unlawfully or improperly; or
- we reasonably believe that the Customer may be unable to meet its payment obligations.
Where reasonably practicable, we will provide notice before suspending a Service. However, immediate suspension may occur where necessary to protect systems, data, users or third parties.
Suspended Services may be restored after all outstanding amounts and any reasonable reconnection or restoration charges have been paid.
The Customer remains liable for recurring charges during a suspension where the underlying Service, licence, equipment rental or third-party commitment remains active.
6. Delivery and Installation
Delivery, installation and completion dates are estimates only unless we expressly agree otherwise in writing.
We are not liable for delays caused by manufacturers, distributors, freight providers, telecommunications carriers, data-centre operators, software vendors or other third parties outside our reasonable control.
The Customer must provide reasonable access to its premises, systems, personnel and facilities so that we can deliver or install the Goods or Services.
7. Risk and Ownership of Goods
Risk in Goods passes to the Customer when the Goods are delivered to the Customer or to the delivery location nominated by the Customer.
Ownership of Goods remains with Cloud Remedy until all amounts owing for those Goods have been paid in full.
Until ownership passes, the Customer must:
- hold the Goods as bailee for Cloud Remedy;
- keep the Goods identifiable as our property;
- keep the Goods in good condition and adequately insured; and
- not sell, dispose of, encumber or otherwise deal with the Goods contrary to our ownership rights.
If the Customer fails to pay for the Goods when required, we may, to the extent permitted by law, enter premises where the Goods are reasonably believed to be located and recover them.
The Customer authorises us to take reasonable steps to recover Goods that remain our property and indemnifies us against reasonable recovery costs, except to the extent caused by our negligence or unlawful conduct.
8. Returns and Restocking
Returns are subject to our prior written approval and may also be subject to the relevant manufacturer’s or distributor’s return policy.
Goods approved for return must ordinarily be unused, complete, undamaged and in their original packaging.
A restocking fee of up to 22% may apply, together with freight, handling and supplier charges.
Special-order, configured, licensed, opened or customised Goods may not be returnable unless faulty or otherwise required by law.
9. Warranties and Australian Consumer Law
Goods are supplied with any applicable manufacturer warranty.
Where we provide Services, we will use reasonable care and skill.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
Where permitted by law, our liability for a failure to comply with a consumer guarantee is limited, at our option, to:
- repairing or replacing the Goods;
- supplying equivalent Goods;
- paying the cost of repairing or replacing the Goods;
- resupplying the Services; or
- paying the cost of having the Services supplied again.
10. Customer Responsibilities
The Customer is responsible for:
- providing accurate and complete information;
- following reasonable instructions and recommendations;
- maintaining valid software licences and subscriptions;
- ensuring that users are properly authorised;
- maintaining secure passwords and access controls;
- promptly notifying us of faults, security incidents or suspected unauthorised access; and
- not using Goods or Services unlawfully or in a way that may harm another person or system.
11. Data and Backups
Unless a separately purchased backup service expressly provides otherwise, the Customer is responsible for maintaining appropriate and current backups of all data.
The Customer should not rely on a single device, system or storage location as its only copy of important data.
Before we perform work on a device or system, the Customer must ensure that important data has been backed up.
Although we take reasonable care, no computer, storage, backup or recovery system is entirely free from risk.
12. Cybersecurity
The Customer is responsible for maintaining cybersecurity measures appropriate to its business, systems and information, including secure passwords, multifactor authentication, supported software, security updates, antivirus or endpoint protection, firewalls, staff awareness and reliable backups.
We do not guarantee that any security product or Service will prevent every cyber incident.
To the maximum extent permitted by law, we are not liable for losses caused by hacking, malware, ransomware, phishing, credential theft, social engineering, unauthorised access or other cyber incidents that were not directly caused by our negligence or breach of contract.
13. Third-Party Products and Services
Some Goods and Services rely on third-party manufacturers, software vendors, cloud providers, telecommunications carriers, data centres, payment providers and other suppliers.
Third-party products and services may be governed by separate terms, licence conditions, acceptable-use policies and privacy policies.
The Customer agrees to comply with all applicable third-party terms.
We are not responsible for a third party changing, withdrawing, suspending or failing to provide its product or service, except to the extent that liability cannot lawfully be excluded.
14. Limitation of Liability
To the maximum extent permitted by law, Cloud Remedy is not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, opportunity, goodwill, anticipated savings or business interruption.
To the maximum extent permitted by law, our aggregate liability arising from a particular event or related series of events is limited to the total amount paid by the Customer for the affected Goods or Services during the six months immediately preceding the event giving rise to the claim.
This limitation does not apply to liability that cannot legally be limited or excluded.
15. Invoice Disputes
If the Customer disputes an invoice or charge, the Customer must notify us in writing within 14 days of the invoice date and provide reasonable details supporting the dispute.
The undisputed portion of an invoice must still be paid by its due date.
If an invoice is not disputed within 14 days, it will be treated as accepted, subject to any rights that cannot lawfully be excluded.
16. Debt Recovery
If an account remains unpaid, we may:
- issue payment reminders and formal notices;
- suspend or terminate Services;
- recover Goods that remain our property;
- refer the debt to a debt-collection agency or solicitor;
- commence legal proceedings; and
- recover reasonable collection, legal and enforcement costs from the Customer, to the extent permitted by law.
17. Credit Checks and Credit Reporting
The Customer authorises Cloud Remedy, where permitted by law, to make enquiries regarding the Customer’s commercial creditworthiness and to obtain commercial credit information from credit-reporting bodies, trade insurers, references and other credit providers.
Where the Customer is an individual, sole trader, partner, director or guarantor and applicable privacy law requires consent, the relevant individual consents to us collecting, using and disclosing credit-related personal information for assessing credit, administering an account and recovering overdue amounts.
Where permitted by the Privacy Act 1988 (Cth), the Customer acknowledges that information concerning a serious overdue payment or default may be disclosed to a credit-reporting body after the applicable legal notices and waiting periods have been completed.
Disclosure of default information may adversely affect the relevant person’s or business’s ability to obtain credit.
18. Privacy
We collect, use, store and disclose personal information in accordance with our Privacy Policy.
Our Privacy Policy is available at:
https://cloudremedy.com.au/privacy-policy/
19. Minimum Terms and Early Termination
Where Services are supplied for a minimum term, the Customer remains responsible for the applicable charges for that minimum term.
If the Customer cancels before the end of the minimum term, an early-termination charge may apply. Unless another amount is specified in the relevant agreement, the charge may include:
- unpaid charges up to the cancellation date;
- the remaining recurring charges for the minimum term;
- unrecovered installation, equipment, licensing or setup costs;
- third-party cancellation charges; and
- reasonable removal or return costs.
Any early-termination charge will be subject to applicable law and will not operate as a penalty.
20. Price Adjustments
We may change the price of ongoing Services where reasonably necessary because of supplier price changes, exchange-rate movements, licensing charges, telecommunications charges, government charges, taxes, operating costs or changes to the scope of a Service.
Where reasonably practicable, we will provide at least 30 days’ notice of an increase to an ongoing Service price.
Continued use of the Service after the new price takes effect constitutes acceptance of the revised price, subject to any applicable contractual or statutory rights.
21. Termination
Either party may terminate an ongoing Service in accordance with the applicable quotation, agreement or minimum term.
We may terminate an agreement immediately if the Customer:
- commits a serious breach that cannot be remedied;
- fails to remedy a breach within a reasonable period after notice;
- repeatedly fails to pay invoices when due;
- uses a Service unlawfully;
- creates a serious security or operational risk; or
- becomes insolvent, enters external administration or ceases business.
Termination does not affect rights and obligations that arose before termination.
22. Force Majeure
We are not responsible for delay or failure caused by events outside our reasonable control, including natural disasters, fire, flood, power failures, telecommunications outages, cyberattacks, industrial disputes, government action, war, civil disturbance, epidemics, supply shortages or failures by third-party providers.
23. Changes to These Terms
We may update these Terms from time to time.
The current version will be published on our website. Material changes affecting ongoing Services will be notified where reasonably practicable.
24. Severability
If any part of these Terms is found to be invalid or unenforceable, that part will be read down or removed to the minimum extent necessary. The remaining provisions will continue to apply.
25. Waiver
A failure or delay by us in exercising a right does not waive that right.
26. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the courts of New South Wales and any courts entitled to hear appeals from those courts.
27. Contact Details
Cloud Remedy
P.O. Box 77
St Clair NSW 2759
Australia
Email: don@cloudremedy.com.au
