1. Introduction & Acceptance
1.1 These Terms and Conditions (“Terms”) govern the access to and use of the website located at gensystech.com.au (“Website”) and apply to all IT services, consulting, software, hosting, AI automation, hardware, and support services (“Services”) supplied by GenSys Technologies Pty Ltd (ABN: 14 695 627 073, ACN: 695 627 073) (“GenSys”, “we”, “us”, or “our”) to any client, customer, or visitor (“Client”, “you”, or “your”).
1.2 By accessing our Website, requesting a quote, issuing a purchase order, paying an invoice, or signing a proposal or Service Level Agreement (SLA), you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Quotes, Services & Proposals
2.1 Scope of Work: Services will be provided as outlined in written proposals, statements of work, formal quotes, or recurring service agreements provided by GenSys.
2.2 Validity of Quotes: All formal quotes issued by GenSys remain valid for thirty (30) days from the date of issue unless stated otherwise in writing.
2.3 Variations: Any additional requests, out-of-scope tasks, or modifications to agreed services will be quoted separately or charged at our standard hourly rates unless agreed in written proposals, statement of work, formal quotes, or recurring service agreements provided by Gensys.
3. Fees, Invoicing & Payment Terms
3.1 Fees: All prices are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless explicitly stated otherwise. GST will be added to tax invoices as required by Australian tax law.
3.2 Payment Terms: Standard payment terms for invoices issued by GenSys are 14 calendar days from the invoice date, unless alternative terms are specified in a written agreement or on the invoice.
3.3 Recurring Payments: Recurring subscription services (such as Managed IT, website maintenance, hosting, or software licenses) are billed in advance.
3.4 Late Payments: GenSys reserves the right to charge interest on overdue amounts at the rate of 2% per month (or the maximum allowed by law) calculated daily from the due date until full payment is received.
3.5 Suspension for Non-Payment: If an invoice remains unpaid past its due date, GenSys reserves the right to suspend Services, website hosting, or technical support after providing 48 hours’ written notice until all outstanding balances are settled. GenSys accepts no liability for any business disruption caused by suspensions resulting from unpaid accounts.
4. Subcontracting & Service Delivery
4.1 Subcontractors: GenSys reserves the right to engage third-party contractors, field engineers, or specialized vendor partners to fulfill or assist in delivering on-site or remote technical services.
4.2 Standards: All third-party personnel engaged by GenSys are bound by non-disclosure and confidentiality obligations to ensure client data protection and workmanship standards.
5. Client Responsibilities & Data Backups
5.1 Access & Cooperation: To enable GenSys to provide effective support, you agree to grant our personnel timely access to relevant hardware, software, administrator credentials, site locations, and necessary technical information.
5.2 Data Backups: While GenSys provides managed backup solutions under specific service contracts, the Client remains ultimately responsible for ensuring that critical business data is routinely backed up unless GenSys is explicitly contracted in writing under an active Managed Backup Service Agreement.
6. Cybersecurity & Third-Party Products
6.1 Cybersecurity Disclaimer: While GenSys implements industry-standard security measures (including alignment with framework standards such as the ASD Essential Eight), no IT infrastructure, network, or security system can be guaranteed as 100% immune from cyber threats, ransomware, or unauthorized breaches. GenSys is not liable for losses resulting from sophisticated third-party cyber attacks, vendor zero-day vulnerabilities, or employee negligence on the Client’s part.
6.2 Third-Party Software & Hardware: Services may rely on third-party software, cloud infrastructure (e.g., Microsoft 365, AWS, OracleCloud), or hardware manufacturers. Third-party products are supplied subject to the respective manufacturer’s or software vendor’s terms and warranties.
7. Intellectual Property Rights
7.1 Client IP: Clients retain all intellectual property rights in their business data, logos, trademarks, and existing digital assets.
7.2 GenSys IP: GenSys retains ownership of all pre-existing tools, proprietary scripts, custom n8n workflow frameworks, code templates, and methodology developed by GenSys during the delivery of services. Upon full payment of all relevant invoices, the Client is granted a non-exclusive, perpetual license to use any deliverables created specifically for their business.
8. Limitation of Liability
8.1 Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded by law.
8.2 Cap on Liability: To the maximum extent permitted by law, the total cumulative liability of GenSys Technologies Pty Ltd for any claim, loss, damage, or expense arising out of or in connection with the supply of Services shall be capped at the total fees actually paid by the Client to GenSys in the three (3) months preceding the event giving rise to the claim.
8.3 Consequential Loss: In no event shall GenSys be liable for any indirect, incidental, special, or consequential loss, including loss of profit, loss of revenue, loss of business opportunity, or loss/corruption of data.
9. Confidentiality & Privacy
9.1 Confidentiality: Both parties agree to keep all confidential information (including operational processes, pricing, network configurations, and credentials) strictly secret and not disclose it to any unauthorized third party.
9.2 Privacy Policy: Personal and business details collected by GenSys will be handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy available on our Website.
10. Termination
10.1 Termination for Convenience: Ongoing recurring services may be terminated by either party by providing 30 days’ written notice prior to the start of the next billing cycle, unless a fixed-term contract (e.g., 12-month agreement) applies.
10.2 Termination for Cause: Either party may terminate an agreement immediately if the other party breaches a material term of these Terms and fails to remedy the breach within 14 days of receiving written notice.
11. Governing Law
11.1 These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
12. Contact Details
If you have any questions regarding these Terms and Conditions, please contact us at:
GenSys Technologies Pty Ltd
ABN: 14 695 627 073 | ACN: 695 627 073
Clyde North | Melbourne, VIC, Australia
Email: info@gensystech.com.au
Phone: 03 9961 5111
Website: www.gensystech.com.au