Terms of Business

BlueArc Technologies · Last updated 15 September 2025

These Terms of Business set out how BlueArc Technologies (“we”, “our”, “us”) quotes, delivers, and bills for its software, hardware, licensing, managed services, professional services, and related products. They apply alongside any quote, Statement of Work, or Service Level Agreement we provide. Where a signed agreement conflicts with these Terms, the signed agreement prevails.

1. Payment Terms

General

• Unless otherwise stated, all prices are in Australian Dollars (AUD) and exclude GST.
• BlueArc Technologies reserves the right to correct any clerical errors, omissions, or pricing inaccuracies in quotes.
• All wire transfers or international payments are subject to bank fees, which are the customer’s responsibility. This includes fees from intermediary or receiving banks. Where BlueArc Technologies incurs these fees, the customer will be invoiced accordingly.
• Credit card payments (VISA, Mastercard, AMEX) are accepted and may attract a processing surcharge.
• Quotes are deemed accepted upon clicking the “Approve Quote” button and must be accompanied by a valid Purchase Order or Work Order referencing the Quote Number.

Software as a Service

• SaaS subscriptions are billed monthly or annually in advance, unless otherwise agreed in writing.
• All SaaS subscriptions are subject to a minimum 12 month commitment unless stated otherwise.
• Upgrades (e.g. adding users, storage, or features) will be charged on a pro rata basis aligned to the remaining term.
• Downgrades are not permitted during the contract term unless expressly agreed.
• Failure to pay by the due date may result in suspension of services until payment is received, without liability to BlueArc Technologies.
• Auto renewal applies unless the customer provides written notice of cancellation at least 30 days prior to the renewal date.

Hardware, Software, and Licensing

• Orders exceeding AUD $10,000.00 require a 50% upfront payment prior to order placement, with the remaining 50% due within 14 days of the invoice date (upon delivery or installation).
• Hardware and software pricing may be subject to fluctuation based on foreign exchange rates. If the bank quoted FX rate varies by more than 2%, BlueArc Technologies reserves the right to reissue the quote.
• All licensing agreements, including software subscriptions, cloud services, and vendor managed licenses, must be paid in full upfront prior to activation or provisioning unless otherwise agreed in writing.
• Unless specified otherwise, all licensing is based on a 12 month minimum term. Early termination does not entitle the customer to any credit or refund.
• Licensing services may be set to auto renew by default.
• BlueArc Technologies will provide a renewal notice at least 30 days prior to renewal. Customers must notify us in writing before this date to cancel or modify quantities. Licensing renewals may be subject to annual vendor based adjustments, and customers will be notified at least 30 days in advance of any changes.
• Mid term upgrades (e.g. adding users or switching plans) will be charged on a pro rata basis, aligned to the remaining license term. Mid term downgrades are not permitted under most vendor agreements.

Managed Services and Professional Services

• Payment terms for all Managed Services and Professional Services engagements are 14 days from the invoice date, unless otherwise agreed in writing.
• Most recurring Managed Services (e.g. infrastructure support, service desk, monitoring, endpoint protection) are billed monthly in advance, commencing from the agreed service start date.
• Services may be invoiced monthly in advance, in arrears, or milestone based depending on contractual terms.
• Long term managed service engagements are reviewed annually from the commencement date.

For multi year or annual Managed Services contracts:

• Pricing is subject to annual review from the service commencement date.
• BlueArc Technologies will provide 30 days’ written notice of any upcoming price adjustments.
• Adjustments may reflect changes in CPI, resource costs, licensing, or service scope.

For time based Professional Services or consumption based support (e.g. ad hoc consulting, support incidents), billing may occur monthly in arrears based on timesheets or deliverables logged during the billing cycle.

For project based professional services (e.g. M365 migration, firewall rollout), invoicing may occur on achievement of key milestones such as:

• Project kickoff
• Completion of discovery phase
• Deployment completion
• UAT / Go live
• Final documentation and handover

Milestones and corresponding billing amounts will be outlined in the project’s Statement of Work (SoW).

Block Hours / Prepaid Support Hours

Block Hour purchases are payable in advance, valid for use within the agreed validity period (12 months), and non refundable unless otherwise agreed in writing. Where agreed, customers may pre purchase a fixed number of support or consulting hours under a Block Hours Agreement.

• Block Hours must be paid in full upfront before use.
• All work will be debited against available hours at agreed rates.
• Additional hours used beyond the block will be invoiced at the standard hourly rate.
• Block hours are non refundable and valid for a specified period (typically 12 months).
• A usage statement can be requested at any time.

Resource as a Service (RaaS)

• RaaS engagements are billed monthly, based on actual or forecasted resource utilisation.
• Rates are agreed upon per resource, per hour, day, or month depending on contract structure.
• Overtime or work outside standard hours will be charged at agreed uplifted rates, unless otherwise specified.
• The customer must provide confirmed schedules at least two weeks in advance, including on site or remote attendance requirements.
• 30 days’ written notice is required for termination or downscaling of ongoing RaaS contracts. Material changes to planned schedules (e.g. significant reduction of days) require 30 days’ written notice, and shorter notice periods may result in full billing for the originally committed time.
• A minimum monthly commitment applies, even if the full allocation of hours or days is not utilised by the customer.
• Any customer specific induction exceeding 30 minutes per resource (online or onsite) will be charged at the standard hourly rate, in 30 minute increments thereafter.
• Time spent on initial setup, access provisioning, and tooling may be included in the first billing cycle, unless waived by BlueArc Technologies.
• If the customer requires continuous coverage, a backup or rotation arrangement can be quoted and included.
• RaaS contracts are typically established for 3, 6, or 12 month terms and are subject to renewal by mutual agreement.
• 30 days’ written notice is required for early termination or non renewal. If insufficient notice is provided, the customer may be billed for the final month in full.
• If on site attendance is required outside the metro area, travel costs, accommodation, and applicable allowances will be quoted and billed separately.
• Any equipment, software licenses, or tools required for resource delivery are the responsibility of the customer unless otherwise agreed.
• Parking fees, access cards, or incidental expenses incurred while delivering services on site will be passed on to the customer with supporting receipts.
• Interruptions or delays caused by customer readiness (e.g. inaccessible sites, system delays) will be billed per resource at the standard hourly rate.
• Overtime, public holiday work, and after hours engagements will be charged at uplifted rates, as agreed in the rate card or contract.
• In cases of unplanned absence, BlueArc Technologies will use reasonable efforts to provide a suitable replacement resource where possible.
• Planned leave (public holidays, annual leave) will be communicated in advance and not billed unless agreed otherwise.

Change Requests and Out of Scope Work

• Any customer requested changes to the agreed scope of Managed or Professional Services will trigger a Change Request process.
• Work performed outside of the agreed scope will be billed separately on a time and materials basis at the current rate card.

Late Payment and Credit Terms

If any invoice remains unpaid beyond 30 days, BlueArc Technologies reserves the right to:

• Place the account on credit hold;
• Suspend further services or deliveries;
• Charge late fees in accordance with applicable laws.

2. Service Delivery Terms

Business Hours and After Hours Work

Unless otherwise stated in the quote, all services will be performed during BlueArc Technologies’s standard business hours:

• 08:30 AM to 05:30 PM, Monday to Friday (AEST, excluding public holidays).

Services requested outside these hours will incur an after hours surcharge, calculated based on applicable hourly uplift rates.

Scope of Works and Variations

• BlueArc Technologies shall deliver services strictly in accordance with the Scope of Work (SOW) provided in the quote or associated Statement of Work.
• Any additional services not explicitly stated will be billed separately on a time and materials basis at the current rate card.
• Changes to scope (e.g. new requirements, unforeseen conditions) will trigger a formal variation and revised quote. No additional work will be undertaken without written approval from the customer.

Instructions and Documentation

• The customer must provide clear, written instructions at the time of quotation. BlueArc Technologies is not liable for errors arising from verbal instructions or lack of documented requirements.
• Where formal acceptance criteria or configuration templates are required (e.g. for managed services, RaaS, or professional services), these must be agreed upon prior to work commencement.

Site Access and Safety

• The customer must ensure that the site is safe, secure, and accessible for all BlueArc Technologies personnel and contractors.
• All known risks, including structural damage, hazardous materials (e.g. asbestos), heritage or preservation orders, must be disclosed in writing.
• The site must be compliant with Australian Work Health and Safety (WHS) standards.
• The customer must notify BlueArc Technologies in advance if site specific safety inductions or permits are required.

Specialist Equipment and Additional Costs

Where applicable, additional charges may apply for:

• Mobile scaffolding, scissor lifts, or height safety gear;
• Core drilling, cutting, surface reinstatement;
• Parking fees incurred during service delivery;
• Site inductions exceeding 30 minutes per technician (billed per 30 minute increment at standard hourly rates).

These requirements will be identified and quoted upfront where known.

Delays, Interruptions and Cancellations

• Delays caused by the customer, including site inaccessibility or readiness issues, will be billed per technician at the applicable hourly rate.
• Interruptions to scheduled work (e.g. power outages, dependency delays) may also incur additional labour charges.
• If a confirmed service is cancelled within 24 hours of the agreed start time, a cancellation fee of 20% of the service value will apply, plus any incurred costs (e.g. non refundable flights, accommodation).

Software as a Service

• SaaS platforms are provided as is, with availability and service levels defined in the associated Service Level Agreement (SLA).
• BlueArc Technologies is responsible for maintaining uptime, security patches, and regular system updates.
• The customer acknowledges that scheduled maintenance windows may affect availability; notice will be provided at least 48 hours in advance.

The customer is responsible for ensuring that its users:

• Comply with acceptable use policies;
• Do not misuse, copy, or redistribute SaaS services beyond the agreed license.

BlueArc Technologies may suspend or terminate access in cases of security breaches, non payment, or violation of acceptable use policies.

Hardware, Software and Licensing

• Installation and deployment will align with agreed scope. Any post delivery configuration, integration, or customisation is billable as Professional Services unless otherwise included.

Managed Services

• Transition in activities, service onboarding, and platform configuration are subject to agreed implementation timelines and service definitions.
• Mid term service adjustments must be mutually agreed and documented via a change request.

Professional Services

• Delivered on a fixed price or time and materials basis, as outlined in the proposal or SOW.
• All work logs, effort reporting, and sign off requirements will be maintained and shared per project governance.

Block Hours

• Must be consumed within the agreed validity period. Usage statements can be requested monthly. Work delivered outside business hours will be debited at the appropriate rate multiplier.

Resource as a Service (RaaS)

• Technicians will be scheduled based on pre agreed rosters and availability.
• Changes in resource requirements must be communicated in writing with at least 30 days’ notice.
• Onsite or remote attendance outside of normal hours or under short notice may incur surge pricing.

3. Product Terms and Conditions

Pricing, Delivery, and Logistics

• Unless explicitly stated, all quoted prices exclude configuration, warehousing, and freight charges. These will be itemised separately if applicable.
• BlueArc Technologies will coordinate delivery scheduling with the customer to identify a mutually suitable delivery time.
• Missed, delayed, or rejected deliveries may incur redelivery and/or restocking fees, which will be passed on to the customer.
• Additional logistics services (e.g. staging, asset tagging, bundling) must be requested and quoted separately.

Product Availability and Validity

• Quoted items reflect stock availability at the time of quoting and are subject to change without notice.
• This quote does not guarantee reservation or availability of stock unless explicitly confirmed in writing.
• BlueArc Technologies is not liable if a product becomes end of life, discontinued, or withdrawn by the vendor after the quote date.

Returns, Cancellations, and Vendor Terms

• Requests to return or cancel products will be considered on a case by case basis and may incur restocking or handling fees.
• All returns or cancellations are governed by the vendor’s Return Policy and Conditions of Sale.
• For software, licensing, or subscription based products, returns are typically not permitted once activated or provisioned.
• For hardware, unopened products in original condition may be eligible for return subject to vendor approval.

Product Suitability and Responsibility

The customer is responsible for ensuring that the products quoted and purchased are fit for the intended use case. BlueArc Technologies may provide guidance where requested but does not accept liability for incorrect product selection or performance issues due to:

• Compatibility with existing infrastructure;
• Software or hardware limitations;
• Customer misrepresentation of requirements.

Product Categories and Special Conditions

Software as a Service

• SaaS subscriptions are governed by vendor licensing and subscription rules.
• Once provisioned, SaaS products are non refundable and non transferable.
• Access credentials, accounts, and data remain the customer’s responsibility. BlueArc Technologies will not be liable for misuse caused by weak passwords or improper access controls maintained by the customer.
• Data backup, retention, and restoration policies will follow the vendor’s published practices unless extended coverage is purchased.
• Upon termination or expiry of SaaS services, customer data will be retained for a limited retrieval period (e.g. 30 days) before permanent deletion.
• BlueArc Technologies accepts no liability for loss of data if retrieval is not requested in writing within the retention period.

Hardware and Licensing

• Quoted hardware may require lead times for procurement and delivery.
• Licensing is often tied to specific subscription periods, user volumes, or named devices or users. Changes may require re quotation.

Managed Services and Professional Services

• Product purchases related to managed or professional services (e.g. firewalls, switches, software licenses) must align with the agreed implementation schedule.
• These products may be bundled with setup, deployment, or monitoring services, which will be outlined in the project’s Scope of Work.

Block Hours / Prepaid Services

• Block hours do not include hardware or software unless explicitly bundled.
• Hardware or software purchases triggered by service delivery (e.g. replacement parts) must be quoted and approved separately.

Resource as a Service (RaaS)

• Hardware or software required by RaaS personnel must be scoped and procured in alignment with the resource deployment schedule.
• Any items required mid contract due to customer environment changes may trigger re quotation.

Disclaimers and Support

• BlueArc Technologies reserves the right to correct any unintended errors or omissions in pricing, product descriptions, or specifications.
• For clarity on hardware or software compatibility, implementation processes, or service dependencies, please contact your BlueArc Technologies account representative.

Contact Us

For questions about these Terms of Business, a quote, or an existing engagement, please contact us at: