Terms of Service
Terms and conditions governing the use of Core Haven services
These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Client") and Core Haven Pty. Ltd. ABN: XX XXX XXX XXX ("Core Haven", "we", "us", "our") governing your use of our managed IT infrastructure and related services. By accessing or using our services, you agree to be bound by these Terms.
1. Agreement to Terms
By signing a Service Agreement or using Core Haven services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with:
- Our Privacy Policy
- Service Level Agreement (SLA)
- Acceptable Use Policy (AUP)
- Any service-specific terms outlined in your Service Agreement
If you do not agree to these Terms, you may not access or use our services.
2. Service Description
2.1 Core Services
Core Haven provides enterprise-grade managed IT services including:
- Cloud hosting and infrastructure management
- Managed IT support and helpdesk services
- Cybersecurity services and monitoring
- Network management and optimization
- Server management and maintenance
- Data backup and disaster recovery
- Business continuity planning
- IT consulting and strategic planning
2.2 Service Availability
Services are provided on a 24/7/365 basis with guaranteed uptime as specified in our Service Level Agreement. Scheduled maintenance windows will be communicated in advance with minimum 7 days notice except in emergency situations.
2.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services with 30 days written notice. Critical security updates may be applied immediately to protect infrastructure integrity.
3. Client Responsibilities
3.1 Account Security
You are responsible for:
- Maintaining the confidentiality of login credentials and access tokens
- Enabling multi-factor authentication (MFA) where available
- Notifying us immediately of any unauthorized access or security breaches
- Ensuring authorized users comply with security policies
3.2 Acceptable Use
You agree not to:
- Use services for illegal activities or to violate any laws or regulations
- Attempt to gain unauthorized access to our systems or other clients' data
- Distribute malware, viruses, or malicious code
- Engage in activities that could harm our infrastructure or other clients
- Resell or redistribute services without written authorization
- Use services to send spam or unsolicited communications
- Store or transmit illegal, infringing, or offensive content
3.3 Data Management
You retain ownership of all data stored on our infrastructure. You are responsible for ensuring you have appropriate rights to store and process any data using our services, and for compliance with applicable data protection laws.
3.4 Cooperation
You agree to provide timely information and cooperation necessary for us to deliver services effectively, including responding to security alerts and providing access for maintenance activities.
4. Fees and Payment
4.1 Service Fees
Service fees are outlined in your Service Agreement and may include monthly recurring charges, setup fees, and usage-based billing. All fees are in Australian Dollars (AUD) and exclusive of GST unless stated otherwise.
4.2 Payment Terms
- Invoices are issued monthly in advance unless otherwise agreed
- Payment is due within 14 days of invoice date
- Accepted payment methods: Bank transfer, credit card, direct debit
- Late payments may incur interest charges of 2% per month
- Services may be suspended for accounts more than 30 days overdue
4.3 Fee Changes
We reserve the right to modify fees with 30 days written notice. Annual CPI adjustments may be applied on your service anniversary date.
4.4 Refund Policy
Monthly fees are non-refundable. Setup fees and one-time charges are non-refundable once services have been provisioned. Service credits may be issued for SLA violations as outlined in our SLA document.
5. Service Level Agreement
Service level commitments are detailed in our separate Service Level Agreement (SLA) document, which includes:
- 99.99% uptime guarantee for managed infrastructure
- Response time commitments based on priority levels
- Service credit calculations for SLA violations
- Exclusions and limitations
- Maintenance windows and notification procedures
The SLA is incorporated by reference into these Terms and forms part of your service agreement.
6. Data Protection & Privacy
Core Haven is committed to protecting your data in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles. Our data protection practices include:
- Australian data center hosting with no offshore data transfers
- Encryption at rest (AES-256) and in transit (TLS 1.3)
- Regular security audits and compliance certifications
- Incident response procedures and breach notification protocols
- Data backup and disaster recovery capabilities
For full details, please refer to our Privacy Policy at /legal/privacy
7. Intellectual Property
7.1 Core Haven IP
All intellectual property rights in our services, software, documentation, and infrastructure remain the exclusive property of Core Haven or our licensors. You may not copy, modify, reverse engineer, or create derivative works.
7.2 Client Data
You retain all ownership rights to your data. By using our services, you grant us a limited license to host, store, process, and transmit your data solely for the purpose of providing services to you.
7.3 Feedback
Any feedback, suggestions, or ideas you provide to us may be used by Core Haven without obligation or compensation to you.
8. Warranties and Disclaimers
8.1 Service Warranties
We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. Services are provided in accordance with our published SLA commitments.
8.2 Disclaimers
To the maximum extent permitted by law, services are provided "as is" without warranties of any kind, express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that services will be uninterrupted or error-free
- Warranties regarding third-party services or software
Nothing in these Terms excludes warranties or guarantees that cannot be excluded under the Australian Consumer Law.
9. Limitation of Liability
To the maximum extent permitted by Australian law:
- Our total liability for any claims arising from services is limited to the fees paid in the 12 months preceding the claim
- We are not liable for indirect, consequential, incidental, special, or punitive damages including loss of profits, revenue, data, or business opportunity
- Service credits under the SLA are your sole remedy for service availability issues
- We are not liable for delays or failures caused by circumstances beyond our reasonable control (force majeure)
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under Australian law.
10. Termination
10.1 Termination by Client
You may terminate services with 30 days written notice unless otherwise specified in your Service Agreement. Monthly fees are payable through the end of the notice period. Early termination fees may apply for fixed-term contracts.
10.2 Termination by Core Haven
We may suspend or terminate services immediately if:
- You breach these Terms or your Service Agreement
- Your account is more than 30 days overdue
- Your use of services poses a security risk to our infrastructure
- Required by law or court order
We will provide reasonable notice where possible, except in cases of material breach or security threats.
10.3 Data Retrieval
Upon termination, you have 30 days to retrieve your data. After this period, we will securely delete all data in accordance with our data retention policy. Data retrieval may incur additional fees.
10.4 Survival
Sections relating to fees, intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination.
11. Confidentiality
Both parties agree to maintain confidentiality of all confidential information disclosed during the term of this agreement, including:
- Technical specifications and infrastructure details
- Business strategies and financial information
- Client data and personal information
- Security procedures and access credentials
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
12. General Provisions
12.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
12.2 Dispute Resolution
Before initiating legal proceedings, parties agree to attempt resolution through good faith negotiations. If unresolved within 30 days, disputes may be referred to mediation before proceeding to litigation.
12.3 Assignment
You may not assign or transfer your rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
12.4 Amendments
We may modify these Terms at any time. Material changes will be communicated via email 30 days before taking effect. Continued use after changes constitutes acceptance.
12.5 Severability
If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.
12.6 Entire Agreement
These Terms, together with your Service Agreement, SLA, and Privacy Policy, constitute the entire agreement between parties and supersede all prior agreements.
12.7 Waiver
Failure to enforce any right or provision does not constitute a waiver of that right or provision.
13. Contact Information
For questions about these Terms of Service, please contact:
Core Haven Pty. Ltd.
Email: info@corehaven.com.au
Phone: 1300 XXX XXX
Address: [Your Business Address], Australia
ABN: XX XXX XXX XXX