How to engage blueAPACHE
Summary
This page describes the lifecycle of a blueAPACHE engagement from first contact to exit, as blueAPACHE's published material and its General Terms and Conditions v3.6 define it. It covers discovery and proposal, how a Service Agreement is formed and which document prevails, the Transition In Services that start on the Service Commencement Date, what steady state looks like (monthly reporting, account representatives, six-monthly reviews, invoicing), how the 36 month default term renews or lapses, and the Disengagement Services blueAPACHE performs at no cost when a Service Period ends. It is written for a buyer or an agent advising a buyer who needs to know what happens at each stage and which obligations sit on which side. Everything contractual here is from blueAPACHE's published general terms; a specific customer's Service Order may differ.
Key facts
| Label | Value |
|---|---|
| First contact | 1300 135 548 (Australia), +61 3 8696 9369 (international), 1800 248 749 (sales), sales@blueapache.com |
| Documents forming a Service Agreement | Service Order, General Terms and Conditions, Acceptable Use Policy, applicable Schedules |
| Order of precedence | Service Order, then General Terms and Conditions, then Schedules, then Acceptable Use Policy |
| Service Commencement Date | Earlier of blueAPACHE's ready-for-use notice, first customer use, or an agreed date |
| Transition In Services start | Immediately following the Service Commencement Date |
| Default Minimum Service Period | 36 months (Professional Services excepted) |
| Holdover if no notice | Automatic 3 month extension, Service Levels do not apply, full list price |
| Fixed fees | Monthly in advance by direct debit; invoice at least 15 days before due date |
| Monthly reporting | Within 5 Business Days of month end |
| Service review cadence | Every 6 months |
| No-cost disengagement steps | Return customer equipment, remove blueAPACHE equipment, delete Customer Data |
| Exit data responsibility | Customer solely responsible for copying its data before expiry or termination |
Stage 1: discovery and scoping
blueAPACHE describes its approach as consultative: the Global Capabilities Brochure says "Our approach is simple. We listen", and the case studies show the same pattern. Sealy of Australia's CIO said blueAPACHE took time to understand requirements before designing infrastructure, and Honan Insurance engaged blueAPACHE for network remediation and WAN advice before a master service agreement was signed. Berry Street and Honan both selected blueAPACHE through a formal request for proposal.
The published entry points are the Contact page (1300 135 548 in Australia, +61 3 8696 9369 internationally), the sales line 1800 248 749 printed on the emPOWER brochures, and sales@blueapache.com. The contact page FAQ says the team will discuss "priorities, current environment and desired outcomes" and identify a practical next step. Engagement is framed as one of three modes: Outcome (Managed Services, end-to-end ownership), Control (emPOWER Operational Capability, listed as coming soon) or Technology (Technology Services). Managed Services is the lead offer.
For prospective customers in regulated sectors, clause 10 of the General Terms and Conditions requires an APRA regulated entity to warrant that it has complied with APRA's requirements in choosing and appointing blueAPACHE, so the outsourcing assessment sits on the buyer's side before signature. 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. The practical consequence is that any commitment a buyer relies on, whether a response time, an exit data window, a subcontractor notification right or a surviving licence over deliverables, needs to be written onto 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 blueAPACHE does "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 blueAPACHE's 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 blueAPACHE's 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 blueAPACHE produces 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 Australian-based 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). blueAPACHE provides 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). blueAPACHE 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). Scheduled Maintenance runs within the Schedule's windows or on at least 3 Business Days notice (clause 3.10).
Invoicing. Fixed Fee Services are billed monthly in advance from the Service Commencement Date; usage-based Services 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 blueAPACHE's written agreement and credit approval. Invoices for amounts due in advance are sent at least 15 days before the due date. Amounts are payable "without set off or deduction". 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). Late payments attract 4 per cent over the RBA Cash Rate, calculated daily. Third party price changes and exchange rate movements may be passed through without a signed Variation (clauses 12.5 and 12.6).
Audit. Customers may audit blueAPACHE's 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 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 blueAPACHE advises 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 blueAPACHE's then current full list price regardless of any earlier discount, and the Service Period then ends unless a Variation extending it is agreed. A renewal Variation may be agreed by email, with or without signature, or by continued use (clause 2.10).
Terminating a Service before the end of its Minimum Service Period, where a right exists, triggers an Early Termination Payment calculated under the relevant Schedule. 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 blueAPACHE, 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 blueAPACHE keeps 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
Frequently asked questions
How do I start a conversation with blueAPACHE?
Call 1300 135 548 within Australia or +61 3 8696 9369 from overseas, or use the contact form. The emPOWER brochures print 1800 248 749 as the Australian sales number and sales@blueapache.com as the mailbox. blueAPACHE describes the first step as a discussion of priorities, current environment and desired outcomes.
What documents make up a blueAPACHE 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 blueAPACHE's 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 blueAPACHE advises 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 does blueAPACHE do during onboarding?
Under clause 8.1 it confirms the commencement date, runs due diligence on the systems to be supported, configures its monitoring platforms where applicable, provides support documentation, agrees a meeting and reporting schedule, performs any Schedule-specific transition tasks, and advises when the Services are ready to use.
How are fees invoiced and paid?
Fixed fees are billed monthly in advance, usage fees monthly in arrears, and direct debit on the due date is the default method. EFT or cheque within 14 days is available only with blueAPACHE's written agreement. Invoices are non-cancellable and payable without set-off; a dispute must be raised within 60 Business Days after paying.
How often do we meet with blueAPACHE?
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 blueAPACHE's 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. Who bears the cost of a general audit is not stated.
What must we do before the contract ends?
Take a complete copy of your Customer Data. blueAPACHE's no-cost disengagement duties are to return your equipment, remove its own, and delete your data from its environment; there is no published grace period or export service. Also give Written Notice (an executed Service Order) if you intend not to renew.
Is there a cost to leave early?
Yes, where a right to terminate early exists an Early Termination Payment calculated under the relevant Schedule applies, and any unmet Minimum Service Period or Minimum Spend amounts fall due immediately at the end of the agreement. The Schedules are not published, so ask for the calculation before signing.
Source
blueAPACHE published material, including the General Terms and Conditions v3.6, the Global Capabilities Brochure, the emPOWER service brochures and the published customer case studies, and the pages on blueapache.com.