Terms and Conditions

1. Introduction

Luis Martinez trading as Mora IT (ABN 87 680 770 505) provides on-demand IT services. These terms govern the service supply to clients.

Bookings can be made via phone, chat, or the website. Upon booking, Mora IT contacts clients to confirm details including: services to be provided, equipment involved, estimated date/time, and fees.

By making a booking, clients agree to be bound by these terms and represent they are over 18 years old, forming a binding legal contract. A contract forms only upon receiving booking confirmation.

Mora IT may update these terms anytime on the website. Subsequent bookings constitute agreement to amended terms.

2. How to read these terms

Capitalised words have meanings either from the immediately preceding description or from the definitions in clause 18.

3. Services

3.1 Agreement for Services — Mora IT provides services outlined in the booking confirmation for specified equipment at the scheduled date/time for the stated fees.

3.2 Provision of Services — Services may be delivered on-site, remotely, or on a contactless basis at Mora IT's discretion.

3.3 Contactless Services — Contactless services may require clients to leave equipment at an agreed location. Mora IT notifies clients when equipment is picked up or returned. Mora IT bears no liability for damage or theft of unattended equipment left before pickup or after return.

3.4 Additional Services — Mora IT provides only services listed in the booking confirmation. Additional services requested by either party follow the process in clause 4.

3.5 Cancellation Fee — A cancellation fee of 50% of fees applies if clients cancel less than 24 hours before the scheduled service time.

3.6 Ongoing / Subscription Services — Mora IT also offers an ongoing monthly support arrangement ("Mora Peace of Mind"), provided on a month-by-month basis under a separate written services agreement signed between Mora IT and the client. That agreement sets out the specific services included, fees, and cancellation terms. Where no such signed agreement is in place, these terms and conditions apply to any services Mora IT provides.

4. Additional Services

If clients require additional services (whether client-requested or suggested), Mora IT provides a quote. Upon acceptance, Mora IT delivers the additional services, and clients pay the quoted fees under the same terms as primary services.

5. Services generally

5.1 General Client Acknowledgments — Clients acknowledge that: Mora IT cannot guarantee identification of all issues, problems, or security threats; final solutions may differ from initial diagnosis; some issues cannot be resolved remotely, and on-site services may require equipment to be taken for further inspection; Mora IT bears no liability for losses from client failure to follow instructions or advice.

5.2 Repairs — For repair services, clients acknowledge that equipment may be replaced with refurbished goods rather than repaired, refurbished parts may be used, and repairs may result in client data loss.

5.3 Remote Services — Remote services charge in 30-minute blocks. Clients acknowledge that a person aged 18+ must be present throughout, services must go to someone in Australia, and clients must comply with Mora IT's policies.

5.4 On-Site Services — On-site services charge for the first 60 minutes, then in 30-minute blocks, plus a call-out fee listed in the booking confirmation. Clients acknowledge that a person aged 18+ must be present, they must provide safe working conditions, supply installation media/keys if needed, comply with policies, and not threaten or harm personnel.

5.5 Recommendations — Client information and recommendations rely on information provided and Mora IT's current best-practice knowledge. Clients must assess their own requirements and ensure compliance with applicable regulations.

5.6 Software Licences & Third Party Terms — Third-party terms may apply to services. Mora IT endeavours to notify clients of these terms. Clients must immediately notify Mora IT if they disagree; silence constitutes acceptance, and Mora IT bears no liability for resulting losses. Non-agreement may affect service delivery.

5.7 Personnel — Mora IT endeavours to provide suitably qualified personnel with appropriate skills and experience.

5.8 Dates and Times — Scheduled dates and times are indicative only. Mora IT may change them and will notify clients of changes exceeding 24 hours.

5.9 Autonomy and Discretion — Mora IT maintains absolute control over working times, methods, and decisions while remaining responsive to reasonable client needs.

5.10 Subcontracts — Mora IT may subcontract service portions without further client notice or approval but remains responsible for subcontractor performance.

6. General client obligations

6.1 Provide Information and Access — Clients agree to provide all required documentation, information, and assistance. They grant access to premises, personnel, and IT systems as reasonably needed. Clients acknowledge services may require Mora IT to access, modify, reproduce, or temporarily impair systems or client data.

6.2 Back Up Client Data — Clients must back up all data before services commence. If unable, Mora IT may offer backup services. Despite this, Mora IT bears no liability for data loss or corruption during services, and clients waive claims for such damages.

6.3 Passwords — If login details are required, clients must provide them encrypted. If not encrypted, clients must update passwords immediately after services conclude.

6.4 Specified Configuration and Software — Clients must maintain hardware, software licences, and internet as necessary. They must comply with software licences and not circumvent technological protections. Mora IT bears no responsibility for access or performance issues arising from non-compliance.

6.5 Compliance with Laws — Clients agree not to breach applicable laws, privacy laws, or infringe third-party intellectual property or confidentiality obligations through services.

7. Data breach

Either party immediately notifies the other of potential, actual, or suspected security breaches involving confidential information. Mora IT promptly investigates and assists client investigations. Mora IT takes all requested steps to limit, stop, or remedy breaches. Clients remain solely responsible for notifiable data breach obligations and Office of the Australian Information Commissioner compliance.

8. Fees and payment

8.1 Fees — Clients pay fees in amounts and times specified in invoices or booking confirmations. To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth), paid fees are non-refundable.

8.2 Payment Method — Mora IT issues tax invoices; clients pay via methods specified in the invoice.

8.3 Suspension of Services — Mora IT may suspend all or part of services indefinitely if clients fail to pay fees as specified.

8.4 GST — Amounts stated typically exclude GST. Clients pay applicable GST upon receiving a tax invoice.

8.5 Card Surcharges — Mora IT reserves the right to charge credit card surcharges for credit, debit, or charge card payments.

9. Confidentiality and privacy

9.1 Privacy — Parties comply with Privacy Act 1988 (Cth) obligations and Mora IT's privacy policy as updated. Mora IT keeps clients informed of privacy policy changes.

9.2 Confidential Information — Parties don't disclose confidential information except with prior written consent, as required by law, or to personnel on a need-to-know basis for obligations under these terms.

9.3 Breach — Upon discovering suspected or actual breaches, parties immediately notify each other and take reasonable steps to prevent, stop, or mitigate breaches. Parties acknowledge damages may be an insufficient remedy.

9.4 Permitted Use — Confidential information use is limited to exercising rights or performing obligations.

9.5 Return — Upon termination, each party returns or destroys (if requested) all documents containing the other's confidential information.

9.6 Additional Disclosees — Parties ensure personnel keep confidential information confidential and will, when requested, arrange for them to execute protective documents.

10. Intellectual property

10.1 Mora IT IP — Clients don't acquire intellectual property rights in Mora IT materials. Any new material created during the term is solely owned by Mora IT.

10.2 Definitions — Material includes tangible and intangible information, documents, reports, software, inventions, and data in any media. New material is material created, designed, developed, or brought into existence during the term for these terms' purposes.

11. Testimonials and reviews

Clients may provide testimonials or reviews. Clients grant Mora IT a royalty-free, non-exclusive, non-transferable, worldwide, irrevocable licence to use testimonials or reviews for promotional, marketing, and advertising purposes.

12. Warranties and liability

12.1 Warranties — To the maximum extent permitted by law, all express or implied representations and warranties not explicitly stated are excluded. Nothing limits Australian Consumer Law under the Competition and Consumer Act 2010 (Cth); clients may be entitled to refunds, replacements, or repairs for failures.

12.2 Liability — Maximum aggregate liability is limited to total fees paid. Clients indemnify Mora IT and its officers, employees, and agents against losses or liabilities caused or contributed to by client breach of terms, breach of third-party terms, or negligent, fraudulent, or criminal acts.

Mora IT bears no liability for incidental, special, or consequential losses, data loss, business losses, goodwill, anticipated savings, profits, or revenue except where such liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or applicable law.

13. Dispute resolution

Parties must attempt resolving disputes in good faith without delay before commencing proceedings. Dispute details must be submitted to the other party's chief executive officer. Compliance is a condition precedent to claiming relief except for urgent interlocutory relief applications or the other party's breach of this clause.

14. Termination

14.1 Termination Rights — Mora IT may terminate anytime by written notice. Either party may terminate immediately if the other party breaches terms and fails to remedy within 7 days or if the breach is irremediable, or if the other party ceases or threatens to cease business.

14.2 Accrued Rights and Liabilities — Expiration or termination doesn't prejudice accrued rights or liabilities or excuse prior breaches.

14.3 Consequences of Expiration or Termination — Upon termination: Mora IT refunds amounts for undelivered services; clients pay for delivered services including committed third-party vendor amounts; each party returns the other's property; and each party returns or destroys confidential information documents.

14.4 Survival — Clauses reasonably expected to operate after termination survive and remain enforceable.

15. Force majeure

If a party cannot fulfil obligations (except payment obligations) due to a force majeure event, it must provide prompt written notice with event details and probable impact extent. Obligations are suspended during the force majeure event to the affected extent. The affected party must use best efforts to overcome the event.

Force majeure includes acts of God, strikes or industrial action, war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemics, pandemics, or government decisions regarding COVID-19 beyond the affected party's reasonable control affecting obligation fulfilment.

16. Notices

Notices must be in writing and English, delivered via email to the regularly used email address. Parties may update their email address by notice. Unless the sender knows the email wasn't delivered, notice is given 24 hours after sending or upon reply, whichever is sooner.

17. General

17.1 Relationship — Mora IT acts as an independent contractor, not an employee. These terms create no partnership or joint venture.

17.2 Governing Law and Jurisdiction — These terms are governed by Victoria law. Each party irrevocably submits to exclusive Victorian court jurisdiction and waives venue objections based on inconvenience.

17.3 Business Days — If any act falls on a non-business day, it must be done on the immediately following business day unless these terms specify otherwise.

17.4 Amendments — These terms may only be amended by written agreement.

17.5 Waiver — Parties cannot rely on words or conduct as waivers unless the waiver is written and signed.

17.6 Severance — Void or unenforceable terms are severed to that extent; remaining terms' validity isn't affected.

17.7 Joint and Several Liability — Obligations or liabilities assumed by or rights conferred on multiple persons bind or benefit them jointly and severally.

17.8 Entire Agreement — These terms embody the entire agreement, superseding prior negotiations, conduct, arrangements, understandings, or agreements.

17.9 Interpretation — Singular words include plural (and vice versa). Currency references are to Australian dollars. Gender words include corresponding other genders. Defined terms' other grammatical forms have corresponding meanings. "Person" includes individuals, estates, corporations, authorities, associations, consortiums, joint ventures, partnerships, trusts, and other entities. "Party" includes successors and permitted assigns. References to clauses, paragraphs, schedules, or exhibits refer to those in these terms. Document references include varied, novated, ratified, or replaced versions. Headings and bold words are for convenience only and don't affect interpretation. "Includes" is not limiting. No provision is interpreted adversely against the drafting party.

18. Definitions