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Establishment Policy

Part of the Merlot Digital Legals
Last updated 2024/11/14
(November 14th, 2024)

These terms govern the requirements around newly-accepted Managed Services (only). Most of our services are NOT covered by this Establishment Policy. This policy covers Managed Hosting, Server, Compute, Storage, Automation and other related services provided by The Network Crew Pty Ltd.

Websites: https://merlot.digital & https://shoutcast.com.au
Entity: The Network Crew Pty Ltd (Owner) & related entities

Definitions: As used in these terms, “The Network Crew Pty Ltd” means The Network Crew Pty Ltd and “Client”, “you”, or “your” means our client, as defined in my.Merlot as the Account Holder (invoices sent to “you”). As referred to in these terms, “site” refers to a web address on the internet and “The Network Crew Pty Ltd site”, “Merlot Digital site” & “Internet Radio site” refers to our online websites. Given all services provided by our Group are rendered online, it is accepted that you are comfortable with online management.

1. Acceptance of our Establishment Policy

By ordering any number of Managed Service/s from any of our brands and The Network Crew Pty Ltd accepting the same, you acknowledge that you have read this Establishment Policy (EP), and agree to abide by it and all other terms/policies listed on our Websites, as amended from time-to-time. You’re welcome to leverage RSS/etc to monitor our Legals for updates.

2. Scoping your requirements = Non-negotiable

We genuinely believe that many sales approaches are despicable, and always work to ensure we propose Solutions that are:

  1. Fit-for-purpose & aligned
  2. Customised for the client
  3. Understood & desired, etc

Our crew will work to understand your current environment, challenges, requirements, desires and frustrations – this needs to happen before we’re able to accurately propose a Solution for your business. When clients directly ask for # of X and # of Y (example only) we’re not privy to the specifics of what they’re trying to accomplish. The services we deliver 24/7/365 are bespoke, high-powered and engineered to deliver, hence it’s beyond critical that Solution Architecture is front and centre.

From us and you being across your status quo, your plans and your non-negotiables, we can propose a Solution that’s the right fit for you. When we deliver any proposal to you, we’re looking at your current and short-medium term future needs. While it’s possible to go beyond that, we tend to recommend balancing out now and then.

3. Proposal Acceptance & Solution Delivery

When you decide on your next steps with a Proposal, your direct contact will be able to guide you through the next steps. If you decline, we may offer to provide help where appropriate. Should you need amendments, our Sales crew are equipped to help ensure all well-fitting updates are seen to. If you end up accepting, we’ll review and confirm/refuse your order (including any prerequisites that may have been stipulated), then – if confirmed/approved – we’ll add your services to my.Merlot, raise your 1st invoice, and begin to run you through the next steps. You’re always welcome (and encouraged!) to ask any and all questions that you may have.

Once a proposed solution with us has been accepted and the 1st invoice paid in full, we will begin work on the technical provisioning aspects of your particular solution – making sure to keep you updated on timeframes, notes, and what to expect next. There are many systems and procedures used internally to make sure every aspect of your delivery and on-boarding is managed, so if you stumble upon any areas where you think we could’ve (and should’ve) done better, please let us know!

4. Testing, Migrating, Refining & Optimising

Moving is never a nice concept – from houses to offices through to online solutions, nobody really loves doing it. We understand the hassles involved and provide the ability to offload nearly all involvement on your end – your direct contact will run you through the options available to you around transitioning to our solutions.

We will cut your migration into phases/waves to reduce the impact, and will perform cutovers in the evening times. There are specific days and times that we perform certain parts of migrations, so please be sure to understand your customised plan and let us know if/when you need amendments made, or if you have queries.

Beyond the move:
It’s important that your new solution is adjusted to suit your requirements once we have an actual view of the workloads. Often times, there are MANY small problems that exist in source environment/s that lead us to un-pick the web (hah) and make sure your solution’s able to perform as it’s engineered to. This can take time, especially if the previous environment/s leave a bit to be desired – this is not us being unfair, this is us ensuring that your workloads are looked after & optimised properly. If we do not take the time to iron out issues (however minor), you will never see your solution for what it is. Patience during this process is important.

5. Amending a Managed Solution with us

From the point in time where you’ve accepted a Proposal for Managed Solutions with us, we place a 99-day hold on amendments to your services/solutions with us. During this time, you’re welcome to request changes, ask for clarity on any factors that you’re concerned or curious about, and scrutinise our work to a reasonable degree (as determined by us), however during the 99-day hold any solution changes/upgrades/downgrades/etc are entirely at our discretion.

We appreciate that this may come off concerning (if you’re trawling through our Legal documents – in which case, thank you!), however assure you this is to minimise disruption to your end customers/users/partners/etc, ensure a proper and efficient handover (and subsequent optimisation, etc), and make sure any changes are desired AND required. That last bit’s especially important – Managed Solutions are considered, chosen and crafted like tattoos – slowly, thoughtfully & accurately.

6. Payments and Refunds for Solutions

There’s a myriad of ways to pay us – Card, BPAY & PayID – and you can always view your full billing history online. We don’t have hidden fees and we won’t hide GST to make our prices look better. Our pricing is evaluated regularly however we don’t bow to cost-cutting under-delivering providers who try to loss-lead; our solutions are bespoke, engineered by enthusiasts and demand prices that reflect the true value (which goes beyond solution delivery into the service aspect). Proposals are Confidential.

Within your first 60 days with us (after your 1st payment), our Money-back Guarantee is limited to issues experienced where it is raised properly (support ticket, then follow-ups if/as needed), unable to be resolved, and confirmed by us in writing (giving reference to this Establishment Policy). Questions? Please ask your contact.

7. Expectations and Managing them

There’s always a lot to consider when taking up Managed Solutions, and we know that people handle migrations, stressors and other factors quite differently. If you’re not able to effectively communicate about all aspects of any transition to us, it’s imperative that you communicate THAT clearly so we know how to manage your account. It’s no problem if we need to hand-hold – what matters is that you’re comfortable with migrating your service/s – however if we don’t know that you can be unclear, it’s hard to help you.

Our crew will map out your desires, needs and other information to make sure we have it all down in front of both parties. From there, it’s referred back to and can usually be amended as your transition unfolds. Please let us know if you’re unsure in any regard – it’s our job to solve problems for you!

Please be sure to communicate if you’re concerned, want an update on any part of your solution/migration, or would like a phone call to re-cap where your Solution is up to.

8. Updates to our Legal Terms

As with all of our agreements/etc, we reserve the right to make amendments from time-to-time without providing notice. You are welcome to use a feed/RSS service to monitor our documents for revisions, however regardless of that monitoring or lack thereof, you agree to abide by all updated versions as they’re published on our Website/s.

Should you not agree with any of our Terms, you may submit a Cancellation Request via my.Merlot and our team will assist with your departure to another provider if needed and appropriate. Please be aware that all Terms/Conditions/etc must be met in order to receive a “full” departure – ie. refund, assisted off-boarding, and so on.

9. Communication is key

It may seem like we’re reiterating this word, however we really can’t say it enough. Communication is everything. Both parties are empowered to contact the other where they believe communication is not up to par. During any stage of your enquiry/proposal/delivery/management with us (new or not) we reserve the right to not carry on with any client at our discretion – we believe in high-quality relationships between organisations with synergies, and choose not to support relationships that stray away from this approach.

Please know that escalate@merlot.digital is available for situations where you’d like Management to clarify on any problems. Otherwise you should have a direct contact within our Group who will be able to assist you one-on-one. Please make sure you’re honest, open and detailed – let us know the facts and we’ll get onto investigating for you.

We love happy, healthy partnerships where both parties thrive. Australian family owned and run, we’re carbon-negative – here for tomorrow.