Legal
SnapOps™ Terms and Conditions
Recovery-First Cyber Protection for Australian micro-businesses
SnapOps is a registered business name operated by Peter Baker, a sole trader, ABN 63 413 993 900. SnapOps™ is a trademark of Peter Baker.
1 About these Terms
1.1 These Terms govern services supplied by Peter Baker, ABN 63 413 993 900, trading as SnapOps (SnapOps, we, us or our) to the Australian business identified in a Service Order (Customer, you or your).
1.2 You accept these Terms when you accept a Service Order, subscribe, pay an invoice, authorise deployment or use the service. Your agreement comprises these Terms, the Privacy Policy and each accepted quote, subscription confirmation or service schedule (Service Order). A Service Order prevails to the extent of a direct inconsistency.
1.3 You warrant that you acquire the service wholly or predominantly for business use and are authorised to bind the Customer and give the access and instructions required. SnapOps is supplied only to Australian businesses.
1.4 Nothing in these Terms excludes, restricts or modifies a right, guarantee or remedy that cannot lawfully be excluded, including under the Australian Consumer Law (ACL).
2 The SnapOps service
2.1 SnapOps is a managed Recovery-First Cyber Protection service. The Service Order identifies the Covered Technology, Recovery Scope, selected plan, subscription period, price and any included support.
2.2 Depending on the selected plan, the service may include:
- managed endpoint threat protection and security monitoring;
- management of supported operating-system and application updates;
- technology that helps restore a protected device to a recent working state after certain malicious or unwanted changes;
- backup of selected business data to managed cloud storage;
- security alerts, periodic checks and reasonable service administration; and
- assistance expressly included in the Service Order.
2.3 SnapOps is designed for micro-businesses, generally sole traders and businesses employing up to four people. We may agree to serve another Australian business, but suitability and scope must be confirmed in writing.
3 Recovery Scope and Covered Technology
3.1 You select or approve the devices, accounts, data locations and priorities to be protected (Recovery Scope). Only technology expressly listed or otherwise confirmed by us is Covered Technology.
3.2 You must promptly tell us about new, replaced, retired, lost or reassigned devices; new accounts; material changes to data location, volume or importance; and users who join or leave. Protection does not automatically extend to unlisted technology or data.
3.3 We may recommend a Recovery Scope, but you remain responsible for deciding what business information must be covered, how long it must be retained and whether legal, insurer, industry or contractual requirements apply.
3.4 Backup coverage is limited to supported data sources and the selections recorded in the Service Order or service console. It may exclude unsupported applications, data stored only in unselected locations, removable media, credentials, temporary files and data created after the last successful backup.
4 Recovery planning, retention and immutability
4.1 The Service Order records the available backup history, backup frequency and any immutable period. Unless otherwise recorded, the recommended default immutable period is 30 days. A longer period may be appropriate for a higher-risk, regulated or insurer-mandated environment.
4.2 Immutability is designed to prevent alteration or deletion during the selected period. Once enabled, neither you nor SnapOps may be able to shorten the period or delete that protected copy early, including after cancellation, a privacy request or an accidental selection. You authorise retention for the selected immutable period.
4.3 A retention period is not a guarantee that every historic version will be available. Availability depends on successful operation, configuration, storage capacity, provider limitations and the state of the source data. We may notify you of backup failures or issues, but you should also maintain sensible business continuity arrangements.
5 Monitoring, alerts and response
5.1 Standard assistance hours are 8:00 am to 5:00 pm Sydney time on New South Wales business days. Extended-hours assistance is available only when separately agreed and may incur additional charges.
5.2 We use reasonable efforts to review and respond to service matters as soon as reasonably practicable during standard hours, with urgent security incidents prioritised. Unless a Service Order expressly states otherwise, no guaranteed response time, recovery time, recovery point or continuous human monitoring applies.
5.3 Automated tools may detect, block, isolate, roll back or alert on certain events. You authorise reasonable automated protective actions, but no tool identifies or prevents every threat or adverse change.
6 Recovery and remediation work
6.1 SnapOps provides readiness, protection and selected backup. Hands-on investigation, containment, remediation, data restoration, device rebuild, onsite attendance and other recovery work are separately chargeable unless expressly included in the Service Order.
6.2 Separately charged work may be performed and invoiced by Resolu, another registered business name operated by Peter Baker under the same ABN. We will explain the proposed scope and obtain approval before non-urgent chargeable work begins where reasonably practicable.
6.3 During an active incident, immediate action may be needed to reduce harm. Where prior approval is not reasonably practicable, we may take proportionate action already authorised by the Service Order, such as isolating a covered device. We will tell you as soon as reasonably practicable.
7 Customer responsibilities
7.1 You must provide accurate information, lawful authority, suitable internet access, supported technology, timely access and cooperation, current contact details, required licences and reasonable access to relevant devices and accounts.
7.2 You must use reasonable security practices, including strong unique credentials, multi-factor authentication where available, prompt removal of former-user access and timely reporting of suspected compromise, device loss, unusual behaviour or failed protection.
7.3 You are responsible for the legality, accuracy and business use of your data and for telling affected personnel that authorised providers may process their information. You must not use the service to store or transmit unlawful material or interfere with another person or system.
8 Access, software and service changes
8.1 You authorise us and our service providers to install, configure, update, monitor and remove service software; collect technical and security telemetry; access Covered Technology remotely where necessary; and process selected data to provide the service.
8.2 We may replace or change underlying providers or technical components where the overall service remains materially equivalent. We will give reasonable notice if a change materially reduces agreed functionality or changes a material privacy practice.
8.3 Provider terms, supported platforms and features may change. We may recommend or require an update, replacement or scope change to maintain security or compatibility. Any material additional cost requires your agreement.
9 Subscription, fees and automatic renewal
9.1 Monthly and annual subscriptions are paid in advance at the price stated in the Service Order and automatically renew for the same period unless cancelled. Prices are stated inclusive of GST unless the Service Order says otherwise.
9.2 We will provide annual subscribers with a renewal reminder at least 30 days before renewal. We may change a subscription price by giving at least 30 days' notice; the new price applies from the next renewal after that notice period.
9.3 Usage, storage, additional devices, extended-hours assistance, recovery work and services outside the agreed scope may be separately charged where disclosed and approved.
9.4 Payments may be administered through Resolu or a billing provider. This does not change the identity of the supplier under these Terms.
10 Failed payments and suspension
10.1 If an automatic payment fails, we may retry the payment and contact you. Unless immediate action is reasonably required for security, unlawful use or provider continuity, we will ordinarily allow seven days after notice to remedy the failure before suspending the service.
10.2 Suspension may stop monitoring, updates, backup jobs and access to service functions. Charges may continue during a suspension caused by your breach or non-payment. We will restore service within a reasonable time after the issue is remedied, but cannot guarantee that any missed backup or protection period can be recreated.
11 Cancellation and end of service
11.1 You may cancel automatic renewal at any time through the available subscription portal or by written notice. Cancellation takes effect immediately as an instruction not to renew, while the service ordinarily continues until the end of the current paid subscription period.
11.2 You may ask us to deactivate the service earlier. Unless required by law or agreed in writing, unused time is not refunded for a change of mind. Cancellation does not affect charges already incurred or separately authorised work.
11.3 We may terminate or decline renewal on reasonable notice. We may suspend or terminate immediately for serious non-payment, unlawful use, material security risk, abuse, material breach that cannot be remedied, or a provider event that makes continued supply impracticable. Where reasonable, we will first allow an opportunity to remedy the issue.
12 Data following expiry or termination
12.1 After the paid service period ends, we will ordinarily keep accessible backup data for up to 30 days solely to allow a requested export or recovery, unless a different period is stated in the Service Order. You must request and, where applicable, pay for export or recovery before that period ends.
12.2 After the applicable period, we will initiate deletion or release of the backup data in accordance with provider processes. Data subject to an unexpired immutable period cannot be deleted until that period expires. Residual copies and service records may remain for limited periods in provider backup cycles, logs or archives where access is restricted and further operational use has ceased.
12.3 You remain responsible for obtaining any required copy before deletion. Once deletion has completed, the data may not be recoverable.
13 Security limitations and no absolute guarantee
13.1 Cybersecurity and backup reduce risk but cannot eliminate it. We do not guarantee that every attack, malicious change, hardware failure, human error, service outage or data loss will be prevented, detected, reversed or recovered.
13.2 Recovery may be limited by the latest successful backup or protected state, corruption already present, encryption, unsupported technology, credentials, internet availability, third-party outages and other technical conditions.
13.3 You should maintain appropriate insurance, incident plans, offline business records and alternative operating arrangements proportionate to your business risk.
14 Privacy and confidentiality
14.1 We handle personal information in accordance with the SnapOps Privacy Policy. You authorise the processing and overseas disclosures reasonably required to provide the service, subject to applicable law.
14.2 Each party must protect the other's confidential information and use it only for the agreement, except where disclosure is authorised, reasonably required to a provider or professional adviser, already public other than through breach, or required by law.
15 Australian Consumer Law
15.1 Our services come with guarantees that cannot be excluded where the ACL applies, including that services will be provided with due care and skill and be fit for an agreed purpose within the meaning of that law.
15.2 Where permitted for services not ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again. This limitation does not apply where it would be unfair or unlawful.
16 Liability
16.1 We are responsible for loss to the extent caused by our breach, negligence or unlawful conduct, subject to applicable law.
16.2 To the extent permitted by law, we are not responsible for loss caused by excluded or unselected technology or data, a pre-existing problem, inaccurate information or instruction, your failure to act on a warning, an unapproved configuration change, unlawful activity, third-party failure or an event outside our reasonable control, except to the extent our act or omission contributed.
16.3 To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of opportunity, or loss of profit that was not reasonably foreseeable when the agreement was made. Nothing in this clause excludes liability that cannot lawfully be excluded or requires you to indemnify us for our own negligence.
16.4 Each party must take reasonable steps to avoid or reduce loss.
17 Complaints, disputes and changes
17.1 Please first contact Peter at hello@snapops.com.au or 02 7912 0137 with enough information for us to investigate. We will try to resolve the matter promptly and fairly.
17.2 These Terms are governed by the laws of New South Wales, Australia. Nothing prevents either party from exercising a non-excludable right or using an available tribunal, regulator or court.
17.3 We may update these Terms for future subscriptions or renewals by publishing the revised version and effective date and giving reasonable notice of a material change. A material change will not take effect during a paid period unless agreed, required by law or reasonably necessary to address an urgent security risk without materially reducing the service.
18 Contact
Peter Baker trading as SnapOps™
ABN 63 413 993 900
Email: hello@snapops.com.au
Telephone: 02 7912 0137
North Ryde, New South Wales, Australia
This online version should be read together with the applicable Service Order. If you need a copy in another format, contact hello@snapops.com.au.