March 26, 2026
These Terms and Conditions govern the use of our website and the supply of services by Midwest IT Solutions Pty Ltd trading as Norris and Hyde IT (“Norris & Hyde IT”, “we”, “us”, “our”).
By accessing our website, requesting a quote, submitting an enquiry, purchasing products or services from us, accepting a proposal, or otherwise engaging us, you agree to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, you must not use our website or engage our services.
Our legal entity is:
Midwest IT Solutions Pty Ltd
Trading as Norris & Hyde IT
ABN 70 152 746 640
In these Terms and Conditions, references to “you” and “your” mean the individual, business, organisation, or other entity using our website or acquiring goods or services from us.
These Terms and Conditions apply to:
a. your use of our website;
b. all enquiries, quote requests, bookings, and communications made through our website;
c. all managed IT services, support services, break-fix services, project services, procurement, consulting, cybersecurity services, cloud services, licensing, backup, monitoring, maintenance, onboarding, offboarding, and related services supplied by us; and
d. any goods, hardware, software, licences, subscriptions, or third-party services supplied by us or arranged by us on your behalf.
Where we issue a proposal, quote, statement of work, managed services agreement, service schedule, or other service-specific document, that document forms part of the agreement between the parties.
If there is any inconsistency between these Terms and Conditions and a signed proposal, accepted quote, statement of work, or managed services agreement, the signed or expressly accepted service-specific document will prevail to the extent of the inconsistency.
You agree to use our website lawfully and only for genuine business, informational, or customer engagement purposes.
You must not:
a. use our website in a way that is unlawful, misleading, fraudulent, abusive, defamatory, or harmful;
b. attempt to gain unauthorised access to any part of our website, systems, servers, forms, portals, or data;
c. interfere with the operation, availability, or security of our website;
d. introduce malicious code, malware, ransomware, scripts, bots, or other harmful components;
e. copy, reproduce, republish, scrape, distribute, or exploit website content without our prior written consent, except as permitted by law.
We may suspend, block, or restrict access to our website at any time if we reasonably believe misuse, abuse, or security risk exists.
Information on our website is provided for general information only. We make reasonable efforts to ensure content is accurate and current, but we do not guarantee that website content is complete, accurate, error-free, or suitable for your circumstances.
Website content does not constitute legal advice, financial advice, cybersecurity assurance, or a guarantee that any product or service will eliminate risk, prevent all incidents, or ensure uninterrupted operation.
Any case studies, testimonials, service descriptions, response targets, or product descriptions on our website are illustrative only and may not apply to every customer environment.
Any quote, proposal, estimate, scope, pricing, or recommendation supplied by us is subject to availability, confirmation, and review of your actual environment and requirements.
A quote or proposal may be accepted by:
a. signing and returning it;
b. approving it electronically;
c. emailing written acceptance;
d. paying an invoice, deposit, or setup fee; or
e. instructing us to commence work.
Once accepted, the quote or proposal forms part of the agreement between the parties.
Unless otherwise stated, quotes are valid only for the period specified in the quote or, if no period is stated, for 14 days from issue.
We may provide services including:
a. managed IT services;
b. monitoring, patching, maintenance, backup, endpoint protection, and cybersecurity tooling;
c. helpdesk and technical support;
d. remote support and onsite support;
e. break-fix troubleshooting and ad hoc labour;
f. project services, migrations, deployments, consulting, and advisory work;
g. Microsoft 365, cloud, licensing, vendor liaison, and procurement services;
h. hardware, software, and subscription supply;
i. onboarding, offboarding, user administration, and documentation; and
j. any other services agreed in writing.
Unless expressly stated otherwise, services are supplied remote-first, and onsite attendance may be charged separately.
Managed services are recurring services delivered under an agreed scope, quote, proposal, or service schedule. Managed services may include monitoring, patching, backup oversight, security tooling, reporting, automation, and other recurring services expressly listed as included.
Break-fix, ad hoc, or time-and-material services are reactive services provided as requested and billed at our then-current hourly, call-out, emergency, or project rates unless otherwise agreed in writing.
Break-fix services do not include guaranteed response times, recurring monitoring, proactive maintenance, backup verification, cybersecurity management, or vendor management unless expressly stated in writing.
Any work not expressly included in your service plan, quote, or proposal is outside scope and may be billed separately.
Unless expressly included in writing, the following are excluded or separately billable:
a. onsite attendance;
b. after-hours, emergency, and public holiday work;
c. project work, migrations, relocations, and major changes;
d. procurement, hardware supply, software supply, freight, and shipping;
e. manual remediation of alerts, incidents, security events, or failed backups;
f. user administration, password resets, MFA setup, onboarding, and offboarding;
g. vendor liaison outside included scope;
h. work relating to unsupported, outdated, non-compliant, or non-standard systems;
i. data recovery, forensic investigation, ransomware response, breach cleanup, legal or regulatory support, and incident response services unless specifically engaged.
Any response times published on our website, in proposals, or in service documents are targets only, not guarantees of resolution. They are measured from the time a service request is correctly lodged through our approved support channels and may only apply during standard business hours unless expressly stated otherwise.
Response targets do not apply where delay is caused by:
a. third-party outages or vendor failures;
b. telecommunications, hosting, internet, or cloud platform issues;
c. force majeure events;
d. your failure to provide access, approvals, information, authority, or cooperation;
e. unsupported, excluded, or non-compliant systems;
f. security incidents or events outside the agreed included services.
Service requests must be lodged through our nominated support channels as advised by us from time to time.
For critical or urgent incidents, we may require requests to be lodged by phone to qualify for priority handling. Requests submitted through non-approved channels may be treated as lower priority until correctly lodged.
You agree that you will:
a. provide accurate and complete information;
b. cooperate with us and respond to requests in a timely manner;
c. provide safe, timely, and reasonable access to your systems, premises, personnel, data, and accounts;
d. ensure you have authority to instruct us and to engage us on behalf of your organisation;
e. maintain current contact details and nominated contacts;
f. ensure your personnel understand any approval restrictions you wish to impose;
g. obtain and maintain any internal authorisations needed for us to perform services;
h. maintain appropriate backups, cyber insurance, and business continuity arrangements unless expressly contracted otherwise;
i. review and approve recommendations, remediation plans, scopes, and quotes within a reasonable time.
If access, information, approvals, or cooperation are delayed or withheld, we may suspend or delay the affected services, exclude resulting SLA impacts, and charge for additional time or cost reasonably incurred.
To receive managed services and any applicable response targets, your environment may need to meet our minimum technical and security standards, including requirements relating to supported operating systems, security agents, MFA, administrative privileges, and supported hardware condition.
If your systems do not meet minimum standards:
a. support may be limited;
b. service levels may not apply;
c. additional charges may apply; and
d. we may recommend uplift work before continuing to support some or all of the environment.
We may still provide support to non-compliant systems on a best-efforts basis only.
You authorise us, where reasonably required to deliver services, to:
a. access systems, devices, networks, accounts, portals, and data under your control;
b. configure, administer, or manage licences, subscriptions, backups, security tools, and service settings on your behalf;
c. liaise with third-party providers including internet, cloud, domain, DNS, telephony, hosting, software, and security vendors;
d. accept end user licence agreements, reseller terms, vendor terms, or platform terms on your behalf where reasonably necessary to procure, activate, deploy, or support third-party technology.
We may recommend, resell, supply, manage, or support third-party technology, including hardware, software, licences, subscriptions, cloud platforms, backup platforms, cybersecurity tools, Microsoft services, and telecommunications services.
We do not manufacture or control third-party technology and, to the maximum extent permitted by law, we do not guarantee that third-party products or services will be uninterrupted, secure, available, or error-free. Delays, outages, security incidents, or defects caused by third-party providers are outside our reasonable control.
Vendor terms, licence terms, subscription terms, and retention rules may also apply in addition to these Terms and Conditions.
We will use reasonable care and skill in delivering agreed cybersecurity-related services, but no cybersecurity solution, monitoring service, backup system, or managed service can guarantee prevention of all incidents, ransomware, compromise, data loss, downtime, or unauthorised access.
Unless expressly included in writing, the following are excluded and billable separately:
a. forensic investigation;
b. ransomware negotiation;
c. legal or regulatory reporting assistance;
d. manual post-breach recovery and cleanup;
e. infrastructure rebuilding;
f. large-scale incident response;
g. advanced recovery work after compromise.
You remain responsible for your own business continuity, insurance, legal decisions, regulatory decisions, and whether to make any ransom or incident-related payment.
Where services end, expire, are cancelled, or are suspended:
a. monitoring, backup, security, remote access, or management agents may be removed;
b. access to software, backups, dashboards, reports, logs, portals, or configurations may cease;
c. third-party vendors may apply limited or zero-day retention periods;
d. data, backups, logs, configurations, or documentation may be deleted by third-party platforms after cancellation.
You are responsible for requesting any exports, handover data, backup copies, documentation, or transition materials before the end of service.
To the maximum extent permitted by law, we are not liable for data loss resulting from cancellation, subscription expiry, vendor retention rules, or your failure to request export or preservation in time.
You agree to pay all fees, charges, disbursements, and taxes in accordance with our accepted quote, proposal, invoice, direct debit authority, or other agreed payment arrangement.
Unless otherwise stated:
a. managed services are invoiced monthly in advance;
b. break-fix, ad hoc, and project work may be invoiced in arrears, by milestone, by deposit, or in advance;
c. hardware, software, licences, and subscriptions may require prepayment;
d. emergency, after-hours, and onsite work may be billed at different rates.
If an invoice is overdue, we may suspend services, withhold deliverables, withhold procurement, revoke access to managed platforms, or require prepayment before continuing work.
Reasonable recovery costs, collection costs, merchant fees, chargeback costs, and legal costs associated with unpaid amounts may be recoverable from you to the extent permitted by law.
We may adjust recurring or ongoing pricing from time to time to reflect changes in vendor costs, scope, labour costs, inflation, licensing models, service requirements, or customer environment changes.
We will provide reasonable notice where practicable.
Some products and services supplied by us are subject to upstream vendor commitments, minimum terms, annual commitments, non-cancellable subscription periods, or vendor cancellation restrictions.
If you request cancellation of a service that is tied to an upstream commitment, you remain liable for unrecoverable vendor charges, committed subscription terms, and any early termination or cancellation charges we incur on your behalf.
If a service has a stated minimum term, initial term, renewal term, or committed period, that term applies as set out in the accepted quote, proposal, or agreement.
Either party may terminate services in accordance with the applicable quote, proposal, or service agreement.
We may suspend or terminate services immediately if you:
a. fail to pay undisputed invoices when due;
b. materially breach these Terms and Conditions or another agreement with us;
c. interfere with security controls, monitoring tools, backup systems, or management agents;
d. engage in unlawful, abusive, threatening, unsafe, or inappropriate conduct toward our personnel;
e. misuse our systems, software, licences, or services.
Where you cancel a service before the end of an agreed committed term, you may be liable for:
a. the balance of recurring charges for the remainder of the term;
b. unrecoverable third-party vendor commitments;
c. offboarding, transition, export, or handover charges;
d. any hardware, software, licensing, project, or procurement costs already committed.
Unless otherwise agreed in writing, all intellectual property rights in our processes, templates, documentation formats, scripts, automations, methods, website content, branding, and internal tools remain ours or our licensors’.
Payment for services does not transfer ownership of our pre-existing intellectual property.
You retain ownership of your own data and materials, subject to any third-party platform rights and vendor terms.
Each party must keep confidential any confidential information obtained from the other party and must not disclose it except:
a. as required to perform the services;
b. with the other party’s consent;
c. where required by law; or
d. to professional advisers, insurers, or contractors on a confidential basis.
We may collect, use, store, and disclose personal information in connection with our website and services. We will handle personal information in accordance with applicable privacy laws and our Privacy Policy.
By using our website or engaging our services, you consent to us collecting and using personal information for purposes including:
a. responding to enquiries;
b. delivering services;
c. account administration;
d. support, security, billing, and service communications;
e. procurement and vendor engagement where required to deliver services.
We will provide services with due care and skill and in accordance with applicable law.
Except as expressly stated in these Terms and to the maximum extent permitted by law, all other warranties, representations, or conditions are excluded.
Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law or any other law where it cannot lawfully be excluded.
To the maximum extent permitted by law:
a. we are not liable for consequential loss, indirect loss, loss of profits, loss of revenue, loss of goodwill, loss of business opportunity, loss of anticipated savings, loss of data, business interruption, or third-party claims;
b. we are not liable for outages, failures, defects, data loss, breaches, delays, or service interruptions caused by third-party providers, carriers, cloud platforms, software publishers, hardware manufacturers, internet providers, or other external parties;
c. we are not liable for cyber incidents beyond the scope of services expressly included by us;
d. our total aggregate liability arising out of or in connection with our services is limited, to the maximum extent permitted by law, to the amount paid by you for the affected services in the 6 months immediately before the event giving rise to the claim, or if the service was a once-off break-fix or project engagement, the total amount paid for that specific engagement.
Our services, and any third-party products we supply or manage, are not designed for hazardous, mission-critical, fail-safe, or life-critical environments unless we expressly agree otherwise in writing.
Any use in those environments is at your own risk.
We are not liable for delay or failure to perform obligations to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, internet outages, power failures, cyberattacks, supplier failures, labour shortages, telecommunications failures, war, government action, or other force majeure events.
If a dispute arises, the parties must first attempt to resolve it through good-faith negotiation.
If the dispute is not resolved within 14 days, either party may refer the dispute to mediation in Western Australia before commencing court proceedings, except for urgent injunctive relief or debt recovery.
These Terms and Conditions are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.
We may update these Terms and Conditions from time to time by publishing the updated version on our website.
The updated Terms will apply from the date of publication, except to the extent a signed agreement or accepted proposal fixes terms for a specific period.
a. If any provision of these Terms is invalid or unenforceable, the remaining provisions continue in force.
b. A waiver is only effective if in writing.
c. These Terms, together with any accepted quote, proposal, statement of work, schedule, privacy policy, and service-specific agreement, form the entire agreement between the parties in relation to their subject matter.
d. Clauses which by their nature should survive termination survive termination, including clauses relating to payment, confidentiality, privacy, liability, dispute resolution, intellectual property, and data retention/deletion.