wotlink-legal-info-terms-and-conditions

TERMS AND CONDITIONS

Terms of Use

WOTLINK ABN 68 124 945 811 and its related entities ("WOTLINK") welcome you to this website.

WOTLINK provides this website as part of its overall service to its customers. By accessing or using any of the content, information, data, text, graphics, photographs and other materials ("Material") on this website you agree to these Terms of Use. If you do not agree, you should not use this website.

In addition to these Terms of Use, your use of certain managed services provided by WOTLINK may be subject to specific and additional terms. Since you are also bound by these additional terms, you should review them where they are provided on this website. The specific terms take priority over these Terms of Use to the extent of any inconsistency.

These are the current Terms of Use and they replace any other terms of use for this website previously published on this website. WOTLINK may at any time vary the Terms of Use by publishing the amended Terms of Use on this website. You accept that by doing this, WOTLINK has provided you with sufficient notice of the amendment. By continuing to access or use any material or managed services after any amendment, you confirm your agreement to these Terms of Use, as amended.

Managed Services

The customer authorises WOTLINK to have granular delegated admin privileges (GDAP) granting WOTLINK the required access to provide managed services and managed security services for their organisation. Granular delegated admin privileges (GDAP) introduction - Partner Center | Microsoft Learn for more information, including risks.

Customer acknowledges that they have read and understood the Microsoft Customer Agreement and agree to these terms and accept the agreement.

Reports of Subscriptions and Licenced users are provided regularly to reflect requested changes to managed services.

Customer acknowledges that any request for administrator access to any managed service provided by WOTLINK, that WOTLINK is then unable to provide assurance that changes to the managed service (unintentional or otherwise) have been made. Thus WOTLINK is indemnified and held harmless for any/all application, data changes, security breaches or data corruptions for the duration of that access. Any services to remedy the application(s) or data will be conducted on a fee for service basis (and not included as part of the managed service).

Information and services on this website

The information contained on this website is liable to change and although WOTLINK makes every effort to keep material on this website up to date and accurate, there may be delays, errors or omissions. WOTLINK does not represent or warrant the suitability, completeness, accuracy or currency of any information contained on this website nor that any managed services will be uninterrupted, timely, secure or error-free.

The material and information on this website is provided for general guidance and is not intended to be advice. You should seek professional advice and assistance before you take any commercial decisions or action.

Links to other websites

This website may contain links to other websites operated by third parties ("Third Party Websites"). Those Third Party Websites are not under the control of WOTLINK, and WOTLINK does not endorse and is not responsible for any material on, or linked to from, Third Party Websites ("Third Party Material").

In particular, and to the extent permitted by law, WOTLINK makes no warranties or representations:

regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or that Third Party Material does not infringe the intellectual property rights of any corporation, organisation or person. WOTLINK is not authorising the reproduction of Third Party Material by linking material on this website or managed services provided, to Third Party Material.

Software downloads

Any software that is available to download through links from this website is a third party product unless otherwise indicated. Your use of that software may be subject to a licence agreement between you and the software owner. To the extent permitted by law, WOTLINK accepts no liability in respect of such third party software and WOTLINK provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning this software, please contact us.

Trade marks, copyright and linking to this website

"WOTLINK", and all associated trademarks used on this website are registered or pending trademarks of WOTLINK and/or its related entities. Copyright in the material on this website is owned or licensed by WOTLINK.

Except where necessary for viewing material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no part of material on this website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific written consent of WOTLINK. Please contact us if you would like to place a link to any part of this website.

Warranties

WOTLINK is not responsible for any error or omission on this website or managed services and reserves the right to make changes without notice. WOTLINK does not guarantee that this website or Third Party Websites will be free from viruses, or that access to this website or Third Party Websites will be uninterrupted.

Liability and complying with laws

To the maximum extent permitted by law, and except to the extent expressly specified or referenced in these Terms of Use, WOTLINK is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage, or expense (including special, indirect or consequential loss, loss of profit or revenue, loss of use, legal costs and defence or settlement costs) that you or any other person incurs arising directly or indirectly out of or referable to material on this website or to Third Party Material.

Liability of WOTLINK for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent allowable under the relevant laws.

You must comply with all laws in relation to your access or use of Material on this website, including laws of the country in which you reside or from which you access this website.

Cancellation

The agreement set out in these Terms of Use and your access to this website and managed services may be cancelled at any time by WOTLINK without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by WOTLINK will continue after cancellation.

General

Any part of these Terms of Use must be read down to the extent necessary to prevent that part or these Terms of Use being invalid, voidable or unenforceable in the circumstances. Despite that reading down, if a part of these Terms of Use is still invalid, voidable or unenforceable, and if the part would not be invalid or voidable if a word or words were removed, then that word or those words will be deleted, and the rest of these Terms of Use will continue to be fully enforceable.

A right of WOTLINK under these Terms of Use may only be waived in writing signed by WOTLINK.

You represent and warrant to WOTLINK that you are at least 18 years of age and otherwise have the power, authority and capacity to agree to these Terms of Use with WOTLINK.

These Terms of Use and your use of this website are governed by the laws of The Australian Capital Territory, Australia. Any rights not expressly granted in these Terms of Use are reserved by WOTLINK.

Acceptable Use Policy

Customer agrees not to use any WOTLINK managed service in connection with any unlawful business or activity, including spamming, or any activity which infringes the rights of others including WOTLINK, including the unlicensed use of software or intellectual property.

Customer agrees not to hack or attempt to hack, reverse engineer, intrude, view, copy or alter any data or systems used or hosted by WOTLINK or its partners.

Customer agrees not to resell or re-badge any WOTLINK service without the express approval of WOTLINK.

WOTLINK reserves the right not to host illegal or unlawful content in its sole discretion and to immediately withdraw the Service and take down content with respect to any violations of this clause 24. WOTLINK may also have a legal obligation to refer such content or activity to the relevant authority.

The Customer warrants that any domain name that it requires WOTLINK to register or administer on its behalf will not violate any Intellectual Property Rights of any third party. The Parties will comply with the rules and procedures of the applicable domain name registries, registrars and any other relevant authorities.

The Customer indemnifies WOTLINK from any third party claim in relation to a breach of Intellectual Property Rights or Trademark rights by the Customer in relation to the registration of domain names.

Dispute

The Parties must exhaust the provisions of this section before initiating legal proceedings.

Notices of any dispute must be sent by Registered Mail to:

WOTLINK

GPO Box 2320

Canberra ACT 2601

And by email to accounts@wotlink.com.au

The Parties must use their best endeavours and act in good faith to resolve any dispute arising in connection with the managed service or these Terms and Conditions by personal contact and negotiation between their respective senior management.

If the Parties’ senior management have not resolved any dispute within ten business days of notice, the dispute must be escalated to the Chief Executive of each Party for further attempt at resolution.

If the Parties’ Chief Executives cannot resolve the dispute within a further thirty business days of notification of the dispute, either Party may then take any additional action it deems necessary to resolve the dispute, including initiating legal proceedings.

Nothing in this section prevents either Party from seeking urgent interlocutory relief from a Court at any time.

Indemnity and limitation of liability

The Customer indemnifies WOTLINK on a full indemnity basis in respect of any losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable discovery, investigation and legal costs and defence or settlement costs) arising directly or indirectly as a result of:

any breach by the Customer of this Agreement;
any negligent act or omission of the Customer or any of its employees, consultants, contractors or agents relating to these Terms and Conditions or any Services provided under these Terms and Conditions that results in injury, death or damage to the real or personal property of WOTLINK; and
the fraudulent, criminal or other illegal or wrongful use by the Customer or any of its employees, consultants, contractors or agents of the Services supplied under these Terms and Conditions,
except to the extent that any such loss, damage, liability, claim or expense arises directly or indirectly as a result of WOTLINK’s willful, unlawful or negligent act or omission or default.

WOTLINK indemnifies the Customer on a full indemnity basis in respect of any losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable discovery, investigation and legal costs and defence or settlement costs) arising directly or indirectly as a result of:

any breach by WOTLINK of this Agreement;
any negligent act or omission of the WOTLINK or any of its employees, consultants, contractors or agents relating to these Terms and Conditions or any Services provided under these Terms and Conditions that results in injury, death or damage to the real or personal property of Customer; and
the fraudulent, criminal or other illegal or wrongful use by WOTLINK or any of its employees, consultants, contractors or agents of the Services supplied under these Terms and Conditions,
except to the extent that any loss, damage, liability, claim or expense arises directly or indirectly as a result of Customer’s willful, unlawful or negligent act or omission or default.

Other obligations

WOTLINK may, with the prior consent of Customer and without limiting its obligations under this Agreement, provide the managed services to the Customer through the use of a related body corporate, and/or invoice the Customer via a related body corporate (provided that any invoice must comply with clause 13 of this Agreement);

The Customer acknowledges that any debt owed under these Terms and Conditions is a debt owed to WOTLINK and that WOTLINK may take any necessary action in relation to any such debt notwithstanding that the right or obligation giving rise to that debt has been satisfied by a related body corporate of WOTLINK or that the invoice for that debt has been provided to the Customer by a related body corporate of WOTLINK.

WOTLINK may refer to the Customer as a customer of WOTLINK in any press release, marketing, or sales material unless Customer specifically requests otherwise in writing.

WOTLINK may not assign or otherwise deal with any of its rights or obligations, or subcontract the performance of any of its obligations, under this Agreement without the Customer’s prior consent; WOTLINK remains responsible for the performance of any obligations that it subcontracts.

Customer may novate, or assign or otherwise deal with any of its rights or obligations under this agreement by notice to WOTLINK and WOTLINK must immediately execute any documents necessary to give effect to this.

WOTLINK will provide the managed services to the Customer in Australia, and may also store or host any of Customer’s information or data overseas except where the Customer requests otherwise in writing. This is at the Customer’s absolute discretion.

WOTLINK must ensure that all WOTLINK personnel engaged in connection with the provision of the managed services are appropriately qualified, competent and experienced in the provision of the type of Services required by Customer and all work and documents produced (and Services provided) by WOTLINK are reasonably suitable in all respects for the purposes required by this Agreement and all instructions and information made available by Customer.

WOTLINK must keep records in relation to the managed services provided to the Customer.

Intellectual Property, confidentiality, privacy and security

If a person claims that the Customer’s use of software in accordance with this Agreement is an infringement of that person’s intellectual property rights, moral rights or other rights, or a breach of an obligation owed to that other person by WOTLINK (or a related body corporate), then without limiting any of the Customer’s other rights or remedies, WOTLINK must at Customer’s option procure the right for Customer to continue using the infringing item or replace or modify the infringing item so that it becomes non-infringing.

WOTLINK acknowledges that the confidential information of the Customer is valuable to Customer and undertakes to keep the confidential information secret and to protect and preserve the confidential nature and secrecy of that confidential information for as long as the managed services are provided.

WOTLINK may only use the Customer’s confidential information for the purposes of performing its obligations or exercising its rights under this Agreement. The disclosure of the Customer’s confidential information in connection with this Agreement does not grant to WOTLINK any right or licence in connection with that information.

WOTLINK may not disclose confidential information of the Customer to any person except:

(with the Customer’s prior consent) service providers of WOTLINK who require it for the purposes of this Agreement;

representatives, legal advisers, auditors and other consultants of WOTLINK who require it for the purposes of this Agreement;
with the prior written consent of the Customer;
if WOTLINK is required to do so by law (but only to the extent that WOTLINK is required to make the disclosure, and provided that WOTLINK must use all reasonable endeavours to notify Customer of the disclosure in advance of that disclosure being made); and
if WOTLINK is required to do so in connection with legal proceedings relating to this Agreement.

WOTLINK must use all reasonable endeavours to ensure that persons receiving confidential information from it do not disclose the information except in the circumstances permitted in this clause.

On the Customer’s request, WOTLINK must immediately deliver to the Customer all documents or other materials containing or referring to the Customer’s confidential information in WOTLINK’s possession, power or control (or in the possession, power or control of persons who have received confidential information from WOTLINK) (or otherwise deal with that information in accordance with the Customer’s instructions), provided that this clause does not apply to confidential information that WOTLINK requires to comply with its obligations under this Agreement.

WOTLINK:

must comply with the Privacy Act 1988 (Cth) and all other applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if it were regulated by these laws;
must comply with any privacy code or policy which has been adopted by the Customer and provided to WOTLINK as if it were bound by that code or policy and all reasonable directions of the Customer relating to privacy

WOTLINK must comply with all of the Customer’s policies and all reasonable directions relating to security when on the Customer’s premises or accessing any of the Customer’s computer systems.

WOTLINK Materials and Intellectual Property (Additional Terms)

All systems, AI agents, scripts, call scripts, prompts, automations, advertisements, funnels, copywriting, marketing and sales materials, AI models, custom code, software, processes, improvements, know-how, structures, and any other materials created, configured, adapted, or used by WOTLINK in connection with the managed services remain the sole and exclusive property of WOTLINK at all times.

This includes any Materials that may have incorporated anonymised or de-identified data, learnings, feedback, or usage insights derived during the course of providing Services to the Customer.

The Customer acknowledges and agrees that:

No ownership rights are transferred to the Customer in respect of any WOTLINK Materials;
The Customer is granted a limited, non-exclusive, non-transferable right to use the outputs of the Services only during the active paid term of engagement;
The Customer must not copy, reproduce, modify, reverse engineer, disclose, sell, distribute, or use any WOTLINK Materials outside the scope of the Services without prior written consent from WOTLINK.

Any unauthorised use, disclosure, or reproduction of WOTLINK Materials will be considered a material breach of this Agreement and may result in immediate legal action.

Customer must keep confidential and not disclose any WOTLINK pricing, methods, systems, scripts, prompting, workflows, structures, commercial information, or other confidential information of WOTLINK, except as strictly necessary for managed services and only during the active relationship.

Period of Engagement

Without limiting the termination rights granted to either party in any other clause of this Agreement, either party may during the Term, by notice, immediately terminate this Agreement:

if the other party is insolvent; or
if the other party commits a material breach of this Agreement and does not rectify it within 14 days of being notified of the breach.
If this Agreement is terminated, WOTLINK will offer to facilitate the migration of the Customer’s data to another system at an agreed fee-for-service.

Any licence granted to Customer by WOTLINK terminates the date on which this Agreement is terminated. Any licence procured for Customer by WOTLINK terminates in accordance with its terms.

These obligations survive the termination of this Agreement.

This Agreement is to be construed in accordance with the laws of the Australian Capital Territory and shall terminate five (5) years from the effective date of this Agreement.

At WOTLINK we know that the combination of service levels from leading applications (like Microsoft 365 etc) and our proprietary configuration services, provide clients with unprecedented cost savings and brilliant business outcomes.

Year on year, customers achieve improved productivity that saves time and money. Managed Services save in the order of 50% to 80% in processes compared to “do and charge” support model. AI super agents can provide process improvements that pay for themselves.

WOTLINK provides tech health checks and tracking performance to ensure optimal business continuity. Changes requested are reflected in the Monthly invoice, which is sent on 1st each month and payment is directly drawn from customer’s nominated credit card or bank account (unless other arrangements are made)

Customers should never feel locked in. Customer understands that they can contact WOTLINK to end the relationship and stop access to data and services.

WOTLINK operates on a month by month basis, unless otherwise agreed such as licencing arrangements where there is an annual commitment. These, and any outstanding accounts must be paid out in full should the client wish to transition to another an alternative managed services arrangment. WOTLINK is obligated to wait for all outstanding amounts to be paid before managed services handover can be concluded.

Our job and incentive is always to provide our products and services with openness and integrity, deliver optimal business outcomes using best of breed technology.

Tech is increasingly complex. We care for clients and know they get massive value for money, many times over with WOTLINK Subscriptions, due to our scale and ongoing research and development.

Proven solutions, Integrity Assured, and Pro-active Monitoring.

We value our clients, their data security, privacy and business continuity as if it were our own. The Cyber Security Act is now law and binds us to the highest professional standards.

We follow the mandated guidelines provided by Australian Security Directorate’s (ASD) BluePrint for Secure Cloud.

We think these standards and values are key to how business should be conducted!

We do provide pro-bono work (at our discretion) if undertaking additional research, so that clients are not unfairly burdened or frustrated by “cutting edge technology”.

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select the right IT solution for their business

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TERMS AND CONDITIONS

Terms of Use

Managed Services

Information and services on this website

Links to other websites

Software downloads

Trade marks, copyright and linking to this website

Warranties

Liability and complying with laws

Cancellation

General

A right of WOTLINK under these Terms of Use may only be waived in writing signed by WOTLINK.

Acceptable Use Policy

Dispute

Indemnity and limitation of liability

Other obligations

Intellectual Property, confidentiality, privacy and security

WOTLINK Materials and Intellectual Property (Additional Terms)

Period of Engagement

We're product independent and help our clients
select the right IT solution for their business

HYO FEATURES

HYO ADD-ONS

HARDWARE

NO SET-UP COSTS SOLUTIONS

INDUSTRIES

WHY WOTLINK

RESOURCES

ABOUT US

TERMS AND CONDITIONS

Terms of Use

Managed Services

Information and services on this website

Links to other websites

Software downloads

Trade marks, copyright and linking to this website

Warranties

Liability and complying with laws

Cancellation

General

A right of WOTLINK under these Terms of Use may only be waived in writing signed by WOTLINK.

Acceptable Use Policy

Dispute

Indemnity and limitation of liability

Other obligations

Intellectual Property, confidentiality, privacy and security

WOTLINK Materials and Intellectual Property (Additional Terms)

Period of Engagement

We're product independent and help our clientsselect the right IT solution for their business

HYO FEATURES

HYO ADD-ONS

HARDWARE

NO SET-UP COSTS SOLUTIONS

INDUSTRIES

WHY WOTLINK

RESOURCES

ABOUT US

We're product independent and help our clients
select the right IT solution for their business