How to engage us

This guide summarises the General Terms and Conditions v3.6 and published engagement examples. Confirm the document versions and variations incorporated into your own Service Agreement.

Key facts

Stage 1: discovery and scoping

We take a consultative approach. We listen to your priorities, understand your environment and work with you to define a practical next step.

We discuss your priorities, current environment and desired outcomes before recommending the right engagement. Our advertised engagement models are Managed Services, emPOWER Operational Capability and Technology Services. Confirm availability and scope; Operational Capability is marked Coming Soon on the industry pages.

Where clause 10's conditions apply—an APRA-regulated customer and Services constituting a material business activity under its CPS 231 wording—the customer warrants compliance with APRA's requirements in choosing and appointing blueAPACHE. Confirm the applicable current regulatory requirements and agreement wording during procurement. See Data sovereignty and privacy.

Stage 2: proposal, Service Order and agreement formation

A blueAPACHE Service Agreement is formed for a particular transaction when the parties enter into a Service Order. Under clause 2.1 that Service Order incorporates the General Terms and Conditions, the Acceptable Use Policy and the Schedule for the relevant Service, each in the version "posted in the blueAPACHE website at the time the Service Agreement is entered into". The eleven Schedules cover Professional Services, emPOWER Managed Services, emPOWER Cloud Services (IaaS), emPOWER IT Continuity Services (DRaaS), emPOWER Network Services, emPOWER Voice Carriage Services, emPOWER Unified Communications, emPOWER Mobile Services, emPOWER Co-location Services, Software Licensing and Subscriptions, and Hardware and Ancillary Service.

Where the documents conflict, clause 2.3 says "the first listed shall prevail": Service Order, then General Terms and Conditions, then Schedules, then Acceptable Use Policy. Use the Service Order to record agreed requirements or variations where needed, such as response times, an exit-data window, subcontractor notifications or a surviving deliverables licence. First check whether the relevant commitment already appears in the incorporated documents; the precedence rule does not mean every right must originate in the Service Order. Clause 27.9 (entire agreement) supersedes prior negotiations and expressly excludes the pre-printed terms of the customer's purchase order.

A subsequent transaction that is not an amendment to an earlier one is a separate and independent Service Agreement (clause 2.2). Electronic execution, including DocuSign, is permitted (clause 27.11).

Stage 3: Transition In Services

Clause 8.1 lists what we do "immediately following the Service Commencement Date":

• provide the customer with the date the Services will commence;
• commence due diligence to collect all required information on the systems and services to be supported;
• where applicable, configure our system monitoring platforms to monitor and report on the availability and performance of the systems being managed;
• provide documentation on how to interact with and use our support services;
• agree a regular meeting and reporting schedule;
• perform any other Transition In Services in the Schedule; and
• advise the customer when the Services are ready to use.

The customer's duties in clause 8.2 are to promptly provide the details blueAPACHE reasonably requests (firewall and network connectivity, passwords, access codes, procedures) and to review and approve the documentation we produce in a timely manner. The Transition Period is set out in the Service Order.

The case studies give a sense of duration. Brotherhood of St. Laurence's WAN upgrade was completed in 12 weeks; Sealy's 18-site international network went live about 12 months after the partnership commenced, in staged deployments with legacy links kept live for fallback; Lovisa's RingCentral rollout to 42 countries took four weeks with Lovisa's own team performing the deployment.

Stage 4: steady state

Support. Managed services customers reach the Service Desk on 1300 135 548 option 2, +61 3 8696 9369 option 2 from overseas, or support@blueapache.com, and use the emPOWER client portal. The published windows differ by service: emPOWER Managed Services advertises unlimited 24/7 support; emPOWER Connectivity's service desk is 7am to 7pm on business days with 24x7 monitoring. See Support and service levels.

Governance. Under clause 4.10 each party appoints an Account Representative with authority over day-to-day matters, and the parties "will meet each 6 months to review the Services" (clause 4.11). We provide standard reports on performance against key metrics, including Service Levels, within 5 Business Days of each month end (clause 4.9). The Archers case study describes the operational version: an Account Executive, Service Delivery Manager and Portfolio Engineer running monthly operational reviews and quarterly business reviews.

Changes. Moves, adds and changes can be requested by a new Service Agreement, by email, or through the emPOWER Cloud Services portal, for an additional Fee (clause 3.9). We may update a Service Description on 30 days notice with a 7 day objection window (clause 3.28), and may change shared environment components without consent (clause 5.1). Clause 3.10 requires best efforts to use the Schedule's maintenance windows or give at least 3 Business Days' prior notice at other times, and to minimise disruption.

Invoicing. Unless the Service Order states otherwise, fixed Fee Services are billed monthly in advance from the Service Commencement Date; where the Service Order specifies usage-based billing, payment is monthly in arrears subject to any Minimum Spend. Direct debit on the due date is the default; EFT or cheque within 14 days of the Tax Invoice is available only with our written agreement and credit approval. Invoices for amounts due in advance are sent at least 15 days before the due date. To the extent permitted by law, amounts are payable "without set off or deduction"; specific refund rights and non-excludable remedies must also be considered. A disputed invoice must still be paid by the due date and notified in writing within 60 Business Days, otherwise the right to a correction is waived (clauses 12.13 to 12.15). We may charge late-payment interest at 4 per cent over the RBA Cash Rate, calculated daily, under the terms. Clause 12.5 permits proportionate pass-through of relevant third-party charge changes. Clause 12.6 separately applies where the Service Order bases Fees on an Agreed Rate; check those conditions rather than assuming all exchange-rate movements change every fee.

Audit. Customers may audit our Records on 5 Business Days notice, or 1 Business Day where a regulator requires it (clause 4.13). Records are kept for 7 years after the agreement ends.

Stage 5: renewal or exit

The default initial Minimum Service Period is 36 months from the Service Commencement Date, except for Professional Services and unless a Service Description or the Service Order says otherwise. Before the end of the current Service Period the customer may give Written Notice, which means "a Service Order executed and authorised by the Customer", either to renew (in further 36 month periods unless we advise otherwise) or not to contract for the new period.

If no notice is given and the customer keeps using any Service, clause 2.9 applies: all Services on that Service Agreement extend automatically for three months, Service Levels do not apply during those three months, Fees revert to our then current full list price regardless of any earlier discount, and the Service Period then ends unless a Variation extending it is agreed. Clause 2.10 separately permits renewal or variation by email or fax, with or without a signature, or by continued use in its specified circumstances.

An Early Termination Payment may apply depending on the termination ground and relevant Schedule; do not assume every early termination has the same payment consequence. On termination for any reason, any unpaid Minimum Service Period or Minimum Spend amounts fall due immediately (clause 25.2). Termination rights are set out in Terms and conditions guide.

Stage 6: Disengagement Services

At expiry or termination of a Service Period, clause 9.1 requires us, at no cost to the customer, to return any customer-provided equipment it holds (building passes, spare equipment, remote access tokens), remove its own equipment from customer sites, and remove or delete any copies of Customer Software or Customer Data on the blueAPACHE Environment. The clause states that the customer "is solely responsible for ensuring it has taken a copy of all Customer Data prior to the expiry or termination of the Service Agreement".

There is no no-cost obligation to export or convert data into a usable form, and the general terms state no grace period between termination and deletion. The only stated return timeframe, 10 Business Days, applies to Customer Records under clause 17.3, not to Customer Data. Any additional Disengagement Services are quoted separately and form a separate agreement (clause 9.2). Buyers should negotiate an exit data window and format on the Service Order.

Other exit consequences: the licence over Deliverables terminates immediately and copies must be deleted or returned (clause 25.2); allocated IP addresses cease to be usable and may be re-assigned (clause 21.3); a mutual 12 month non-solicitation restraint runs from the last day of performance (clause 22); and we keep Records for 7 years.

Related

• Terms and conditions guide
• Support and service levels
• Offices and contact
• Service Agreement
• Contact
• Support
• emPOWER Managed Services
• Consulting and Advisory

How do I start a conversation with you?

Call 1300 135 548 within Australia or +61 3 8696 9369 from overseas, or use the contact form. We describe the first step as a discussion of priorities, current environment and desired outcomes.

What documents make up our contract?

A Service Order plus the General Terms and Conditions, the Acceptable Use Policy and the Schedule for each Service, each in the version posted on our website at the time of signing. If they conflict the Service Order prevails, then the general terms, then the Schedules, then the Acceptable Use Policy.

How long is the minimum contract term?

36 months from the Service Commencement Date by default, unless the Service Description or Service Order states otherwise. Professional Services are excluded from the default. Renewals are also in 36 month periods unless we advise otherwise.

What happens if we forget to give notice before the term ends?

If you keep using any Service, every Service on that Service Agreement extends automatically for three months, Service Levels are switched off for that period, and Fees revert to full list price. The Service Period then ends unless a Variation extending it has been agreed.

What do you do during onboarding?

Under clause 8.1 we confirm the commencement date, run due diligence on the systems to be supported, configure our monitoring platforms where applicable, provide support documentation, agree a meeting and reporting schedule, perform Schedule-specific transition tasks and advise when the Services are ready to use.

How are fees invoiced and paid?

Unless the Service Order states otherwise, fixed fees are monthly in advance; usage-based billing applies where specified and remains subject to Minimum Spend. Direct debit is the default. EFT or cheque within 14 days requires our written agreement and credit approval. The non-cancellation and no-set-off provisions apply to the extent permitted by law and alongside specific remedies. Invoice disputes must be raised in writing within 60 Business Days of the Tax Invoice.

How often do we meet with you?

The general terms require Account Representatives to meet regularly and the parties to review the Services every six months, with standard performance reports delivered within 5 Business Days of each month end. Case studies describe monthly operational reviews and quarterly business reviews in practice.

Can we audit blueAPACHE?

Yes. Clause 4.13 allows an audit of our Records on no less than 5 Business Days notice, or 1 Business Day where a regulator or legislation requires it, with access to premises and personnel for that purpose. Discuss the scope and cost of a general audit with our team before arranging it.

What must we do before the contract ends?

Take a complete copy of your Customer Data before your service ends. Our no-cost disengagement duties are to return your equipment, remove our equipment and delete your data from our environment. Agree any additional export assistance with us before termination. Follow the agreement's notice provisions if you intend not to renew, and confirm the required form and delivery method. The defined Written Notice requirement and clause 2.10 renewal/variation provisions serve different circumstances.

Is there a cost to leave early?

Costs depend on the termination ground, applicable Schedule and agreed variations. An Early Termination Payment may apply; clause 25.2 also addresses unpaid minimum-term or Minimum Spend amounts. Read these alongside any specific refund rights and rights that cannot lawfully be excluded.