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Refund/Exchange: Please choose carefully, as we do not normally give refunds if you simply change your mind or make a wrong selection. You can choose between a refund, exchange or credit where goods are faulty. Returned Goods: All goods returned must be returned in saleable condition with original packaging intact, together with all user manuals & software (where applicable). Faulty Goods: Goods returned as faulty which are found to be in proper working condition may incur a 15-30%% restocking fee. Cancelled Orders: Confirmed orders which are subsequently cancelled, may incur a 15-30% restocking or administration fee. Payment Terms: All sale of goods are strictly on a C.O.D. basis, unless prior arrangements have been made. Payment Method: Crystal accepts cash, cheque, EFT or credit card. A 2% surcharge applies to all credit card payments. Limit of Liability: Crystal Integrated I.T. Solutions (“Crystal” hereafter), accepts no responsibility for loss of data, consequential loss, loss of profits or damages as a result of equipment failure, under any circumstances whatsoever. (Data backup is the responsibility of the Purchaser). Title of Goods: The title in any goods supplied by Crystal (the seller), shall not pass to the purchaser until payment is received in full. The purchaser agrees to reimburse the seller for all direct and indirect costs associated with delay or failure of payment. Standard Warranty: Warranty on all components, systems and peripherals is based on a like for like replacement, for a period of 12 months from the date of purchase (subject to the warranty exclusions below), except where (a) manufacturers’ warranty is less than 12 months, or (b) “Extended On-site Hardware and Labour Warranty” has been purchased. Second hand/used systems, components and peripherals carry a 30 day warranty only. Extended Warranty: Additional terms and conditions apply to goods covered by our ‘Extended On-site Hardware and Labour Warranty’. These terms and conditions are available upon request. Peripheral Warranty: Warranty on peripheral items such as monitors, printers, scanners, hubs, routers, modems, etc, are carried out by the relevant peripheral manufacturer. Crystal does not have in-house expertise to repair such items, nor do we provide loan equipment for the duration of such repairs. All warranty claims must be lodged directly through the equipment manufacturer. Warranty exclusions - (a) Warranty Void: Warranty on systems, components and peripherals will be void or not covered where: - Warranty stickers or similar have been removed or tampered with. - Goods are found physically damaged. - Faults caused by factors other than component defects eg. negligence, misuse, or unauthorised access to unit. - Damage results from relocation, power surges, electrical storms, floods, excessive dust, dirt or corrosion. - By unauthorised modification, improper installation or operation, tampering or attempted repair by unauthorised person. - By use of non-original and/or recommended parts or consumables. (b) Return to Base & Proof of Purchase: Warranty on goods sold does not include home, office or on-site visits, nor freight or transport charges, unless “Extended On-site Hardware and Labour Warranty” has been purchased. On-site service work will be provided for a fee, if required. All items requiring repair under warranty must be returned to the Crystal location of purchase together with proof of purchase to avoid repair charges. (c) Software Problems: Software problems of any nature what-so-ever, are not covered by warranty. This includes suitability, problems or consequential loss resulting from computer virus, software conflicts or operating system corruption. (d) Consequential Labour: Consequential labour refers to any work performed over and above replacing faulty hardware component/s, such as reloading software and/or recovering user data after a hard disk crash. The cost of such consequential labour is born exclusively by the customer.

Extended On-Site hardware Warranty (Terms & Conditions) This Warranty is a contract between the Warranty Holder and Crystal Integrated IT Solutions (ABN 45 392 575 130), referred to hereafter as Crystal. This Warranty covers the replacement of faulty internal components** during the warranty period. Crystal will provide all replacement parts, labour, travel***, & freight, at no cost to the Warranty Holder. This Warranty provides for the repair or replacement of faulty components# with the same specification and performance as available at time of repair. The warranty service is provided by Crystal. Any warranty service must be authorised by Crystal prior to any service being carried out. Crystal has no liability or responsibility for any service work carried out by parties other than Crystal. A valid Crystal Warranty ID sticker must be adhered to the system under warranty, for any warranty service to be carried out. If not, you will be charged for call-out (if on-site) and for any service work. What is covered, and what is not? This Warranty covers all fixed internal system components#. It does not cover any removable devices, including game devices, peripherals or external devices, such as monitors, keyboards, mice, stands or cables. This Warranty does not cover broken or damaged cases, buttons, switches or locks, that are susceptible to user damage, and to ‘wear & tear’ damage occasioned by on-going use. This Warranty does not cover media, consumables, or batteries. Loose cards & cables are caused by assembly, transport, usage, or the environment; and are not faulty components or warranty faults. This Warranty covers all internal components# at the time of original sale to you, but does not cover additional components fitted after the original purchase, except replacement parts supplied under warranty. This warranty does not cover components destroyed or damaged by power spikes & surges (although your household insurance may). To help protect you from inconvenience, data & software damage, and repair costs, all systems with a Crystal warranty must be connected to a functioning reliable surge protector, or UPS. As a courtesy, if a hard disk is replaced, the Crystal warranty includes reloading the operating system, if the licensed software is available, and where possible and practical at the time of service, but does not include any other software configuration, or installing or reloading of Internet or network connectivity, or any software applications, and/or data restoration. Reloading the operating system does not apply to server warranties. This warranty covers replacing faulty components, and does not include rebuilding RAID arrays or reinstalling RAID software or configuration. This Warranty does not cover damage, such as bent or damaged plugs or pins, caused by use or users, or external devices or cards. This Warranty does not cover component failure caused simply by normal usage and/or ‘wear & tear’, eg DVD drives. Damage to components caused by people, your environment, media, removable components, or consumables, is not covered. Existing components damaged by the fitting of extra components, or by movement or adjustment or replacement of components, will not be covered, except where part of authorised warranty service. This Warranty does not cover any problems caused by any software, settings, or configuration, including operating system software. This Warranty does not cover problems or faults with, or caused by, BIOS or driver settings, or incorrect port or switch settings. Damage to components caused by overclocking or configuring components beyond or different to the manufacturer's specification is not covered by this warranty. This Warranty does not cover faults caused by negligence or improper maintenance, or by environmental factors (such as enclosed spaces, abnormal temperatures, dust/dirt, insects, vermin, and sunlight). This Warranty does not cover damage caused by flood, fire, earthquake, electrical storms, or other acts of God. Where the Manufacturer of the system or part has voided their warranty, the Crystal warranty is likewise deemed voided for that system or part. Your warranty covers the cost associated with the actual replacement of the faulty parts only. If the only available replacement parts are incompatible with the existing working components, and, to restore system operability, additional components would also need to be replaced, the cost of those additional components will be at your expense, if you decide to go ahead with repair. Loss of data can occur in unpreventable and unforeseen ways. This Warranty does NOT cover loss of data, software or settings, before, during, or after, any warranty service. The Warranty Holder is responsible for the backing-up and the security of all data and software. Procedural Items Crystal’s staff are responsible for identifying and replacing faulty hardware components. The process of identifying & rectifying a fault can lead to loss of data and settings. Crystal takes all due care, but is not responsible for any loss of data, software, or settings, howsoever caused. Often the repair or diagnosis cannot be effectively carried out on-site. Crystal may, at its discretion, remove the system, repair off-site, and return the system (at no additional expense). Your Warranty includes an unlimited number of warranty calls during the warranty period; however, Crystal reserves the right to inspect the system, prior to service, to determine cause of any component failure(s). This warranty specifically excludes faults caused by any systemic design, assembly, or manufacturer error by the system or parts manufacturer or assembler. If a systemic fault should become apparent, Crystal may decide to refund monies paid for any affected warranties (less the costs of any previous service for those faults). Where Crystal is unable to, or prevented from having reasonable access to system, or is otherwise prevented from or unable to carry out warranty service in a reasonable and efficient manner, Crystal will void the warranty, and make a pro rata refund of the payment received for the Warranty in lieu of service. In cases where any system is more than 25k from the nearest Crystal Office, this warranty reverts to a Return to Base warranty. The Warranty Holder is responsible for delivering or shipping the faulty unit to and from the nearest Crystal office. When logging a warranty call, you may be required to provide proof of ownership of the system and that that system is covered by a Crystal Warranty. If a service call is made for a system that is later found not to be under a Crystal warranty, you will be charged a call-out and service fee. If you have requested a Crystal service call, and no faulty hardware components are found, ie therefore not a warranty fault, you will be charged a call-out & service fee. At your request, the Crystal technician may back up or restore data and applications, or perform other work, such as installing software, as a separate non-warranty service. Any such non-warranty work or service, shall be separately billable. Crystal accepts no liability for items that are lost, damaged, or stolen, as a result of transport or storage by any other party. This Warranty, together with the system for which it was purchased, is not transferable. This Warranty is of a specific type, for specific equipment (listed on the front of this Certificate), at a specific related price. If the equipment purportedly covered is not what is specified on this Warranty, then this Warranty is void, and any service provided will be chargeable. Please contact Crystal urgently if this appears to be the case to purchase & replace with the appropriate warranty. The benefits and service available under this Warranty apply only to the system for which it was purchased and applied to. Service is only available under this Warranty if Crystal has received full payment for the Warranty from the Warranty Holder. If the Warranty Holder has any unpaid account/s owing to Crystal, for previous non-warranty service, any subsequent warranty fault that occurs will not be covered. Payment of outstanding accounts must be made 30 days or more prior to any warranty service. Payment of these accounts at the time of any such fault does not entitle the Warranty Holder to warranty service for that fault, ie you cannot choose to pay for previous service when you next have a fault. Crystal’s liability shall only extend to the cost of service under the terms of this Warranty, but excludes liability for any direct or consequential damages, including, but not limited to, data or economic loss, loss of business or profit. Notes: * Mon-Fri 9am-5pm AET (excl. Public Holidays) unless specified. # At time of sale, plus any parts replaced under warranty. Tape equipments, and any components classed as ‘emerging technology’ at time of fault, are covered only for period of the manufacturers warranty. ** Within 25k of nearest Crystal Office for on-site warranties. For systems located > 25kms from nearest Crystal Office, the Warranty Holder is responsible for delivering or shipping the faulty unit to and from the nearest Crystal office.

Crystal Integrated I.T. Solutions (“Crystal” hereafter), agrees to provide computer, networking & Cloud related services pursuant to the following terms and conditions: Rates: Crystal provides computer related services on a “time and materials” basis. An hourly rate will apply at the prevailing rate, billed in increments of 15 minutes, (with a minimum charge of 1 hour for onsite jobs), plus a call out fee for work carried out on site Business Hours: Standard business hours are 8.30am – 5:30pm Mon – Fri (excluding public holidays). Work Guarantee: Crystal guarantees all work for a period of 7 days (the “Guarantee Period”), from the date the work was carried out. Any identical or related issue which re-emerge, must be communicated to Crystal within the Guarantee Period to have the matter fixed free of charge. This work guarantee does not cover unrelated matters, nor does it extend to matters brought to our attention after the Guarantee Period has expired. Payment Terms: All work carried out on a COD basis, and therefore must be paid for upon job completion, unless prior arrangements have been made. Existing clients with an established credit history will be provided with terms of 7 days net. Payment Method: Crystal accepts cash, cheque, EFT or credit card. A 2% surcharge applies to all credit card payments. Limit of Liability: Crystal Integrated I.T. Solutions accepts no responsibility for loss of data, consequential loss, loss of profits or damages as a result of any work carried out, under any circumstances whatsoever. (Data backup is the responsibility of the Client). Telephone & Remote Support: Provision of telephone or remote support is provided at the current hourly rate and billed in 15 minute increments.

Our remote support software is called Team Viewer. It is a free download from our site, however you must read and agree to the following terms and conditions before you download and use our software. You acknowledge that by running our software, you are granting the Crystal IT technical support representative permission to access your computer for the purposes of technical support. Crystal IT Solutions does not guarantee the ability to diagnose or fix your computer through this remote session. Once the Remote Access session has ended, Crystal IT Solutions no longer maintains access to your computer. To initiate another remote session you will be required to contact a Crystal IT support representative again. It is your responsibility to back up any data, software, and other personal files stored on your computer prior to initiating a session. You agree that Crystal IT Solutions is not responsible under any circumstances for loss or corruption of your data and/or software. Crystal IT Solutions will take all reasonable precautions to avoid deletion or damage to the data and software on your computer. Crystal IT Solutions does not collect personal data or information during the remote access of your computer; however, the date, time and duration of the remote support session will be logged and recorded in our billing system. You acknowledge and agree that Crystal IT Solutions can record and store this remote session data. The contents of your computer will remain confidential except as required by law. It is recommended that you close all personal files before commencing the Remote Access session. You may terminate this session at any time by clicking the “Disconnect” button. Unless you have a maintenance agreement with us, you will incur support charges based on the duration of your support call. Please ask for rates if unsure. Download TeamViewer Please note the software will ONLY allow us to log on when you explicitly allow it each time. We CANNOT make unattended unauthorised log-ins with this software.

Repair Notices In accordance with Section 103 of the Australian Consumer Law, all repairers are required to provide the following notice to consumers before accepting goods for repair. Loss of Data During any service, the loss of data (information, software, settings) can occur in unpreventable and unforeseen ways. The actual process of testing, identifying & rectifying a fault can lead to loss of data and settings, for example, if there is virus present, simply turning on the item could cause (further) damage or loss of data; similarly, if the hard disk is faulty, simply turning on the item could cause loss or damage to data. Crystal IT/CloudM8 and its staff take all due care during service, however this does NOT cover loss of data, software or settings, before, during, or after any service work. The Customer or their assigned or nominated agent is totally and wholly responsible for backing-up of data on the item prior to any service. The Customer may ask the Crystal IT/CloudM8 technician for technical assistance in backing up their data prior to work commencing, however, Crystal IT/CloudM8 assumes no responsibility whatsoever for any such additional actions or service. Refurbished goods or parts Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Definitions: Client – the entity who engages our services. The entity may be an individual, partnership, trust or incorporated body. Provider – the entity that provides the products, services and solutions to the Client and includes Crystal Integrated IT Solutions or CloudM8. Sites – includes any website or cloud-based system which the Provider and/or Client accesses as part of the Subscription Service, and may include sites which the Provider has either full control over or for which it may be a reseller or partner of. Services – includes all services, products and solutions provided by the Provider to the Client. Subscription – A service (or collection of services) offered by the Provider, which the client has subscribed to. Subscriber – A client who has subscribed to a service(s) Subscription Fees – Annual fees charged by the provider for subscriptions Subscription Period – the duration of the subscription (in most cases this will be annual). Fees: As a Subscriber, you agree to pay our then-current and applicable subscription fees for the Service(s), based on the level of Services for which you sign up. Your use of the Services are limited to the restrictions established in your applicable plan (e.g. number of accounts or storage quotas). The Provider charges and collects subscription fees in advance for all Services offered. Unless you designate in your Subscription preferences or notify us that you do not want your subscription to be auto-renewed, you agree that we may automatically renew your Subscription to the Services and automatically charge you the then-current renewal fees for such renewed subscriptions and that we may use the credit card associated with your subscription, at the beginning of each recurring period. You further acknowledge, that our annual subscription fee includes support for any requested changes, modifications and/or troubleshooting of the Google back-end (limited to alterations or reconfiguration within the Google Administration portal, and excludes support for Google Sites), and that any support required which involves trouble-shooting or reconfigurations outside of the Google back-end, are not covered by your subscription and are separately chargeable at our prevailing hourly rates. You further acknowledge that prices may change over time due to exchange rate fluctuations. Non-Payment: You agree that we may cancel or suspend your access to any Services if, at any time, you have not paid all fees that you owe to us. Strict adherence to payment terms must be observed by the Client to ensure continuity of service. In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs incurred by us in connection with such collection activity, including collection fees, court costs and legal fees. Any amounts not paid when due, shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less. Changes to Services or Subscription: Clients are able to increase or upgrade their subscription at any time during the subscription period, in order to add capacity or the number of user accounts or to add additional services to their subscription, by providing a written request of their requirements to the Provider. Upon receipt, the Provider will make the necessary adjustments. Pro-rata charges will be raised for the balance of the subscription period. Requests to reduce the subscription will only take effect from the end of the current subscription period. Please note that the majority of Google and related applications have an annual commitment. Notice for Termination of Service or Subscription: The Client or Provider may terminate the subscription or a service offered under a subscription, at any stage by providing 60 days written notice to the other party, except where the Provider terminates a service due to non-payment. Data Uploads: Some ISP’s add uploaded data to your monthly download allocation (please check with your ISP). The Provider accepts no responsibility for excess upload or download charges. Data Availability/Data Loss: We may maintain regular backups of data to recover from any software/hardware failures. We do not make any representations or warranties about protection of your data nor guarantee data availability whatsoever. You expressly agree that your use of the Sites and/or Services is at your sole risk. Both the site and services are provided by us on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. We make no warranty that the site and/or services will meet your requirements, or that the site and/or services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the site or services, or that defects in the site or services will be corrected. You understand and agree that any material or information downloaded or other-wise obtained through the use of the site or services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. No advice or information, whether oral or written, obtained by you from us through the site, services, or otherwise will create any warranty, representation or guarantee not expressly stated in these terms of use. Limit of liability You acknowledge and agree that we are only willing to provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parent companies, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site, the services or your backed up data, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. If you are dissatisfied with any portion of the Service(s), your sole and exclusive remedy is to discontinue use of our services. Our total liability to you for all claims arising from or related to the Service(s) is limited, in aggregate, to ten dollars (AUD $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances WILL WE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties Indemnification: You agree to indemnify, defend and hold harmless the Provider, our parent company, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) that such parties may incur as a result of or arising from (i) any of your Content or Backed up Data, (ii) your use of the Site or Services, (iii) your violation of these Terms of Use, (iv) your violation of any rights of any other person or entity, or (v) any viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines input by you into the Site or Services.

Definitions: Client – the entity who engages our services. The entity may be an individual, partnership, trust or incorporated body. Provider – the entity that provides the products, services and solutions to the Client and includes Crystal Integrated IT Solutions or CloudM8. Sites – includes any website or cloud-based system which the Provider and/or Client accesses as part of the Subscription Service, and may include sites which the Provider has either full control over or for which it may be a reseller or partner of. Services – includes all services, products and solutions provided by the Provider to the Client. Subscription – A service (or collection of services) offered by the Provider, which the client has subscribed to. Subscriber – A client who has subscribed to a service(s) Subscription Fees – Annual fees charged by the provider for subscriptions Subscription Period – the duration of the subscription (in most cases this will be annual). Fees: As a Subscriber, you agree to pay our then-current and applicable subscription fees for the Service(s), based on the level of Services for which you sign up. Your use of the Services are limited to the restrictions established in your applicable plan (e.g. number of accounts or storage quotas). The Provider charges and collects subscription fees in advance for all Services offered. Unless you designate in your Subscription preferences or notify us that you do not want your subscription to be auto-renewed, you agree that we may automatically renew your Subscription to the Services and automatically charge you the then-current renewal fees for such renewed subscriptions and that we may use the credit card associated with your subscription, at the beginning of each recurring period. You further acknowledge, that our annual subscription fee includes support for any requested changes, modifications and/or troubleshooting of the Exchange Online back-end (limited to alterations or reconfiguration within the Exchange Online Administration portal, and excludes support for Desktop related issues), and that any support required which involves trouble-shooting or reconfigurations outside of the Exchange Online back-end, are not covered by your subscription and are separately chargeable at our prevailing hourly rates. You further acknowledge that prices may change over time due to exchange rate fluctuations. Non-Payment: You agree that we may cancel or suspend your access to any Services if, at any time, you have not paid all fees that you owe to us. Strict adherence to payment terms must be observed by the Client to ensure continuity of service. In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs incurred by us in connection with such collection activity, including collection fees, court costs and legal fees. Any amounts not paid when due, shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less. Changes to Services or Subscription: Clients are able to increase or upgrade their subscription at any time during the subscription period, in order to add capacity or the number of user accounts or to add additional services to their subscription, by providing a written request of their requirements to the Provider. Upon receipt, the Provider will make the necessary adjustments. Pro-rata charges will be raised for the balance of the subscription period. Requests to reduce the subscription will only take effect from the end of the current subscription period. Please note that the majority of Exchange Online and related applications have an annual commitment. Notice for Termination of Service or Subscription: The Client or Provider may terminate the subscription or a service offered under a subscription, at any stage by providing 60 days written notice to the other party, except where the Provider terminates a service due to non-payment. Data Uploads: Some ISP’s add uploaded data to your monthly download allocation (please check with your ISP). The Provider accepts no responsibility for excess upload or download charges. Data Availability/Data Loss: We may maintain regular backups of data to recover from any software/hardware failures. We do not make any representations or warranties about protection of your data nor guarantee data availability whatsoever. You expressly agree that your use of the Sites and/or Services is at your sole risk. Both the site and services are provided by us on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. We make no warranty that the site and/or services will meet your requirements, or that the site and/or services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the site or services, or that defects in the site or services will be corrected. You understand and agree that any material or information downloaded or other-wise obtained through the use of the site or services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. No advice or information, whether oral or written, obtained by you from us through the site, services, or otherwise will create any warranty, representation or guarantee not expressly stated in these terms of use. Limit of liability You acknowledge and agree that we are only willing to provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parent companies, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site, the services or your backed up data, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. If you are dissatisfied with any portion of the Service(s), your sole and exclusive remedy is to discontinue use of our services. Our total liability to you for all claims arising from or related to the Service(s) is limited, in aggregate, to ten dollars (AUD $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances WILL WE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties Indemnification: You agree to indemnify, defend and hold harmless the Provider, our parent company, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) that such parties may incur as a result of or arising from (i) any of your Content or Backed up Data, (ii) your use of the Site or Services, (iii) your violation of these Terms of Use, (iv) your violation of any rights of any other person or entity, or (v) any viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines input by you into the Site or Services.

Definitions: Client – the entity who engages our services. The entity may be an individual, partnership, trust or incorporated body. Partner – the entity that has received Partner Accreditation from ServiceM8 as an Accredited Partner and is suitably qualified to provide assistance with setup, training, customisation and support of the ServiceM8 solution. Hereafter a reference to a Partner is a reference to Crystal Integrated IT Solutions or CloudM8. Services – includes all services, products and solutions provided by the Partner to the Client. Site – refers to the ServiceM8 portal at www.servicem8.com and its associated mobile Apps Annual Support Package – is a support plan offered to Clients to provide a priority support line to assist with the general day-to day running of the ServiceM8 system. Support includes answering general or specific questions, troubleshooting issues, addition of new staff, explanation of new features and their potential benefits and providing helpful tips and guidance to use the system in the most productive way, however it is not to be used as a comprehensive or regular training forum. Support is provided either via telephone or via remote login, to satisfy a “rapid response” level of service. Ad-Hoc Fees: $210 / hour As a client, you agree to pay our charges for the Services we provide to you, which are based on a fixed hourly fee of $210 / hr inclusive of GST plus a call out fee (if applicable). Alternatively, we may provide a fixed price quote, which provides details of the entire scope of work. Please note that the monthly subscription fee paid to ServiceM8, is unrelated to any fees which we charge. Bug Fix Fees: Any time incurred by us in troubleshooting a Client’s issue within the ServiceM8 platform, even if ultimately found to be due to a Bug within the ServiceM8 system, the time spent will be chargeable to the Client at our fixed hourly rate, unless you are covered by our Annual Support Package (described above). We remind Client’s that, as an Accredited Partner of ServiceM8, we do not control the ServiceM8 system, or have access to its code and nor are we responsible for the smooth running of the system. Annual Support Fees: (Optional): $600 p.a. You acknowledge, that our Annual Support Package is optional and that the annual fee will include support for all reasonable requests to change, modify, and/or troubleshoot the ServiceM8 back-end, but excludes forms or template design or customisation, staff training, and support for any ServiceM8 Add-Ons. Any support request not covered under our Support Package is separately chargeable at our fixed hourly rate. Non-Payment: You agree that we may cancel, suspend or withhold support to you, or remove any customised documents or templates from your ServiceM8 platform, if, at any time, you have not paid all fees that you owe to us, by the due date. Strict adherence to payment terms must be observed by the Client. In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs incurred by us in connection with such collection activity, including collection fees, court costs and legal fees. Any amounts not paid when due, shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less. Notice for Termination of Support Package: The Client or Partner may terminate the Support Package , at any stage by providing 60 days written notice to the other party, except where the Partner terminates due to non-payment. Data Availability/Data Loss: As we are only an Accredited Partner, we do not make any representations or warranties about protection of your data nor guarantee data availability whatsoever. You expressly agree that your use of the Site and our Services is at your sole risk. Our services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. We make no warranty that the site and/or services will meet your requirements, or that the site and/or services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the site or services, or that defects in the site or services will be corrected. You understand and agree that any material or information downloaded or other-wise obtained through the use of the site or services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. No advice or information, whether oral or written, obtained by you from us through the site, services, or otherwise will create any warranty, representation or guarantee not expressly stated in these terms of use. Limit of liability You acknowledge and agree that we are only willing to provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parent companies, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site, the services or your backed up data, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. If you are dissatisfied with any portion of the Service(s), your sole and exclusive remedy is to discontinue use of our services. Our total liability to you for all claims arising from or related to the Site or Service(s) is limited, in aggregate, to the greater of (i) the amount of fees actually paid by you for use of our services in the month prior to the date the claim arose; or (ii) ten dollars (AUD $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances WILL WE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties Indemnification: You agree to indemnify, defend and hold harmless the Partner, our parent company, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) that such parties may incur as a result of or arising from (i) any of your Content or Backed up Data, (ii) your use of the Site or Services, (iii) your violation of these Terms of Use, (iv) your violation of any rights of any other person or entity, or (v) any viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines input by you into the Site or Services.

Terms & Conditions - DataVault & DataVault Pro (Cloud Backup) This Offsite Backup Agreement (the “Agreement“) is entered into by and between Crystal Integrated IT Solutions, (“Crystal“) and the entity agreeing to these terms (“Customer“). This Agreement is effective as of the date you click the “I Accept” button, or provide verbal confirmation of your intention to use the “Service“, or, if applicable, the date the Agreement is countersigned (the “Effective Date“). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. If you don’t have the legal authority to bind your employer or the applicable entity, please do not accept or sign this Agreement. This Agreement governs Customer’s access to and use of the Services. 1. Services: 1.1 Backup Services: Crystal offers an off-site backup service (also referred to as Cloud Backup or On-Line Backup). All facilities used to store and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Crystal stores and processes its own information of a similar type. Crystal has implemented at least industry standard systems and procedures to ensure the security and confidentiality of Customer Data, protect against anticipated threats or hazards to the security or integrity of Customer Data and protect against unauthorized access to or use of Customer Data. As part of providing the Services, Crystal will only store Customer data within Australian Data Centres. 1.2 Notification system: The integrity of Crystal’s notification system relies on proper use of email as a message transmittal medium. The use of the email system, directly or indirectly as a spamming tool, or other than it is intended, is prohibited. 1.3 Up time: Crystal does not warrant that its servers will be available at all times and will not be held responsible for backup failure due to electrical faults, internet failure and the like. Crystal does however strive to provide a 99 per cent target of service availability. 2. Customer Obligations: 2.1 Use: Crystal grants Customer a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of its software for business or personal use. Redistribution of programs owned by Crystal, unless explicitly granted by Crystal, is strictly prohibited. 2.2 Acceptable Use: While it is not Crystal’s intent to monitor your online communications, Crystal reserves the right to edit or remove content that it become aware of and determines to be harmful or offensive to the general public. Violation of this acceptable use policy may result in termination or suspension of your account. 2.3 Unlawful Use: Customers are expected not to use the services provided by Crystal for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued if Crystal becomes aware of any of these activities. 2.4 Responsibility – Backup: Customer acknowledges that it is responsible for the selection of the information to be backed up by the backup Service, the scheduling of the backup operations, ensuring that successful backup has occurred and any costs payable to any third parties as a direct or indirect result of using the Service. This exists even in instances where Crystal technicians have setup and configured the Service on behalf of the Customer. 2.5 Responsibility – Encryption keys: Customer acknowledges that it will be responsible for recording its backup encryption keys. Customer has the sole responsibility to make sure that its encryption keys are kept in a safe and secure place. Crystal shall not be liable for any damages (including damages for not being able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key. 3. Fees, Charges and Payment: 3.1 Billing: Customer may elect one of the following billing options when placing its order for the Service. a. Monthly Plan If Customer selects this option, Customer will not be committed to purchase the Services for a pre-defined term, but will pay for the Services on a monthly basis. Crystal will bill Customer: (i) Fees based upon the Customer’s monthly usage of the Services during the preceding month; and (ii) monthly in arrears for its use of the Services. Crystal will provide Customer with the monthly rate for the Services when Customer orders the Services, and will use this rate to calculate the Fees, on a prorated basis, for Customer’s monthly usage during that month. Any partial day of Services usages will be rounded up to a full day of Services usage for the purposes of calculating Fees. Customer may pay for the Services using the payment options listed below. b. Annual Plan If Customer selects this option, Customer will be committed to purchasing the Services from Crystal for an annual term, and in exchange will receive a discount on the Service which will be reflected in Customer’s annual payment rate. Crystal will bill the Customer in advance for the entire year, for its use of the Services and any upward adjustments to customer’s storage requirements will result in a pro-rated invoice being raised for the balance of the annual commitment. Customer may pay for the Service using the payment options listed below. 3.2 Payment: All payments due are in Australian Dollars and are inclusive of GST. The Service is supplied by Crystal on a commercial basis and you acknowledge that payment is required in advance for this service. Any failure to make timely payments will result in the suspension or cancellation of an account. Crystal is under no obligation to service delinquent accounts, which have outstanding amounts. a. Credit Card or Debit Card. Fees for orders where Customer is paying with a credit card, debit card or other non-invoice form of payment, will incur an additional 2.6% administration fee, and are due at the start of the month or year, during which Customer received the Services. For credit cards, or debit cards, as applicable: (i) Crystal will charge the Customer for all applicable Fees (including administration fees), when due and (ii) these Fees are considered delinquent thirty days after the invoice due date. b. Invoices Payments for invoices are due at the start of each month or year, and are considered delinquent after the due date of the invoice. c. Changing Method of Payment. Customer may change its payment method to those offered by Crystal, from time to time whenever a new invoice is raised. 3.3 Additional Fees: Crystal reserves the right to charge additional fees in either of these two situations: a. If backup issues emerge which are caused by issues with the Customer’s systems or network, and require Crystal staff to resolve those issues, then Crystal reserves the right to charge for the time and materials required to resolve the issue. Fees are charged at the rate of $130 per hour; or b. If the customer goes over their quota, they will receive a system generated email notification advising them that they have gone over. If the Customer fails to address the issue by reducing their data and remains over quota for more than 14 days, Crystal will automatically increase the clients account by increasing the quota to the next plan available, and charge the client for the additional storage quota at pro rata rates. 3.4 Storage Quota: You acknowledge that the storage space provided by Crystal is the amount as specified within the contract/application form, or as amended from time to time, and any usage exceeding this amount will be charged in accordance with section 3.3b above. 4. Suspension: 4.1 Delinquent Payments Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Crystal in collecting such delinquent amounts, except where such delinquent amounts are due to Crystal’s billing inaccuracies. 4.2 Suspension for Non-Payment a. Automatic Suspension. Customer will have thirty days to pay delinquent fees. If Customer does not pay delinquent Fees within thirty days, Crystal will automatically suspend Customer’s use of the Services. The duration of this suspension will be until Customer pays all outstanding Fees. b. During Suspension. If Customer is on a monthly billing plan, and Customer is suspended for non-payment, Crystal will stop charging Customer monthly Fees during Customer’s suspension for non-payment. If Customer has an annual commitment, Crystal will continue to charge Customer monthly Fees during Customer’s suspension for non-payment and Customer must pay all outstanding Fees in order to resume its use of the Services. c. Termination After Suspension. If Customer remains suspended for non-payment for more than sixty days, Crystal may terminate Customer for breach pursuant to Section 8. 4.3 Suspension for Violation of Agreement If Crystal becomes aware of Customer’s violation of the Agreement, then Crystal may suspend the Customer’s account without notice. Crystal will provide Customer the reason for the Suspension as soon as is reasonably possible, and will re-activate the account if the Customer remedies the violation. 5. Technical Support Services: 5.1 Data Recovery: Recovery assistance is offered on a ‘good faith’ basis, and under no circumstances do we guarantee a minimum offering in the services we offer, or provision of any recovery equipment. This issue generally will only arise if a customer’s recoveries impact on our ability to service other customers. 5.2 Additional Support Services:Crystal may at its discretion, charge Customer for any additional fees, as outlines in section 3.3a above. 6. Intellectual Property Rights: 6.1 Intellectual Property Rights: Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and Crystal owns all Intellectual Property Rights in the Services. 6.2 Copyright: All content included on this site, including text, graphics, logos, button icons, images and software, is the property of Crystal or its content suppliers and is protected by international copyright laws. All programs used on this site are the property of Crystal or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompilation of programs, unless explicitly permitted, is prohibited by law. 6.3 Ownership: The Service is supplied by Crystal on a license basis and ownership of the software is not transferred. Customer agrees that on termination of your account with Crystal IT, all relevant software will be permanently removed from your computers. 7. Representations, Warranties and Disclaimers: 7.1 Limit of Warranty:All software provided by Crystal, is on an “as is” basis with no warranties of any kind and Crystal will not be liable for any damages of any kind arising from its use. Crystal further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. 7.2 Limit of Liability: Crystal’s liability to you in relation to any claims relating to the Service is limited to the re-supply of the services you have ordered and paid for in full. 7.3 Damages: Crystal shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Crystal or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. 7.4 Data Uploads: Some ISP’s add uploaded data to their customer’s monthly download allocation. Customer acknowledges that it will check with its ISP, as Crystal accepts no responsibility for excess upload or download charges. 8. Notice and Termination: 8.1 Notice: Customer will notify Crystal of any changes to billing or contact details in writing. Customer will provide Crystal with thirty days written notice should it wish to change its account in any way. This includes cancellation of the Service. 8.2 Termination: Customer agrees that once it has confirmed any account cancellation of the Service with Crystal, any backup information that may have existed on Crystal’s servers will be removed in a timely fashion, and our obligations to provide recovery of any information ceases once your account is cancelled. 8.3 Termination for Breach Customer acknowledges that Crystal may Terminate this Agreement if: (i) the Customer is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) Customer ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) Customer is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. 9. Miscellaneous: 9.1 Change of Terms:Customer acknowledge that these terms and conditions may alter from time to time and that Crystal may advise you of any changes through posting updates on our website or by provided you with written notification, via post or email. 9.2 Governing Law: This Agreement is governed by the laws of Queensland in Australia.