Terms of Use
This Service Agreement (“Agreement”) covers the terms and conditions for the provision of the services and your use of the services described below (“Services”) supplied by TechOnline Pty Ltd (trading as TechOnline ABN 37 067 189 269) (“we” or “TechOnline”). By you (“You” or “Subscriber”), or if you are an employee of a company or organisation and entering this Agreement on behalf of your employer (the “Company”), subscribing to TechOnline’s Service, you accept that your use of TechOnline’s Services and its website ( www.techonline.com.au) is subject to these terms and conditions which includes its Privacy Statement and any other terms contained on this website. Subscriber access to some services will be by a Subscriber ID. TechOnline’s Service is intended for Australian residents only.
1. Acceptance and Registration
At time of online Subscriber sign-up/registration at TechOnline’s website ( www.techonline.com.au) or by acceptance of a written proposal, you indicate that you have read, reviewed and accepted these Terms of Use. You will be bound by these terms and they will form the agreement between you and TechOnline upon which the Services will be provided.
2. Services and Third Party Products
2.1 TechOnline will provide you with the Services as chosen by the Subscriber. In order for TechOnline to deliver these Services in a seamless and automatic manner, TechOnline will need to remotely access your registered personal computer(s) and, depending on the Services chosen, may need to undertake an initial audit of your computers’ hardware and software and install its suite of security and maintenance software in order to deliver other daily, on-going security, monitoring, support and backup services. In so doing, TechOnline may need to remove conflicting applications. Any such conflicts will be notified to you prior to their removal.
2.2 To provide you with online support services and for your online interaction with support experts, you agree to allow these experts to gain remote control of your personal computer in order to assist you in the resolution of your computer problems at that time. To help diagnose your problems, the initial audit of each of your computers’ hardware and software is provided to the experts. TechOnline’s support service applies to Microsoft’s operating systems (Windows 2000 and Windows XP) and to its Office suite of programs. The Subscriber’s interaction with TechOnline will be via i) email ; ii) web chat; or iii) phone call and escalated in that order. TechOnline will use its “best efforts” to solve a Subscriber’s computer problem but does not guarantee a solution.
2.3 Subscribers with PC*Ensure or with multiple computers have access to Online Shared Computer Support sessions. Subscribers signed-up to these services have unlimited access to the Online Shared Computer Support service, subject to a “fair use” policy under which, at TechOnline’s sole discretion, TechOnline reserves the right to suspend or limit such Services if the Subscriber exceeds a reasonable level of use.
2.4 Upon registering for the Services, TechOnline grants you a limited licence to access the subscriber only area of TechOnline’s website and to use the Services for the support of a nominated personal computer. A separate subscription is required for each computer to be supported by TechOnline's Services. The nomination of each computer to be supported is done during the online sign-up process at TechOnline’s website or after acceptance of a written proposal. Additional computer subscriptions can be added by contacting TechOnline by telephone or email ( admin@techonline.com.au).
2.5 TechOnline’s Services include a number of third party software products. TechOnline as an agent provides you with a non-exclusive, non-transferable licence to use the third party software products. The ownership of these licences will remain with TechOnline at all times. Such licences are provided to you under terms and conditions standard for such products as they relate to Intellectual Property ownership and protection, warranty, liability and indemnity. Subscribers must not misuse, copy, modify or distribute the software, or attempt to decompile, translate or otherwise derive the source code of the software, or infringe any intellectual property rights attaching to the software. For further details visit:
www.acelogix.com/termsofuse.html
www.safer-networking.org/en/licence/
www.kaspersky.com/docs?downlink=187012362
www.agnitum.com/purchase/outpost/
www.mailfrontier.com/license.html
2.6 TechOnline’s Services include a number of services provided by third parties. These are provided under the terms and conditions as defined by the providers of these services. For further details on PC*Backup, refer to KAZ, a Telstra company, terms.
2.7 TechOnline’s PC*Ensure and multiple computer service packages also provide Subscribers with the option of onsite help. Such onsite help Service will be co-ordinated by TechOnline with designated locally based third party providers, and any and all costs associated with such onsite service, including replacement parts, will be in addition to the Subscriber’s monthly subscription and billed directly to the Subscriber by TechOnline in the month of the onsite service. TechOnline currently receives no booking or sales commission fee from the local provider of the onsite service (although it may receive such a fee in the future). To ensure that the Subscriber's problems are rectified as quickly as possible, TechOnline may provide the third party provider with the Subscriber’s computer audit, diagnostic information and other relevant details pertaining to the Subscriber’s problem.
3. Your Equipment and Connection to the Internet
You are responsible for all equipment and software used to access your Broadband Internet Service Provider’s (ISP) service – whether by cable, wireless or ADSL. The delivery of TechOnline’s service relies on your computer being connected to the Internet. TechOnline cannot accept any responsibility for the failure to provide its Service if your computer is not connected to the Internet via a broadband service.
4. Security
4.1 Each Subscriber will be provided a Subscriber ID (login and password) to use the Service. You must comply with all directions issued by TechOnline pertaining to use of your Subscriber ID and access to www.techonline.com.au or the Services. You (or your Company) will be responsible for providing the computer, hardware, software and all other equipment necessary to access the Internet and You or your Company must not send or disclose your Subscriber ID to any other person or entity or store it in a manner that would reasonably allow another person or entity to obtain unauthorized access to the Subscriber ID.
4.2 You must immediately notify TechOnline if you become aware:
(a) that your Subscriber ID has been compromised or is known to a third party; or
(b) of any unauthorised use of your Subscriber ID, so we can take steps within TechOnline's control to deactivate the Subscriber ID and issue You with a new Subscriber ID within a reasonable time of being so notified. Notice provided by You under this clause does not release you from your responsibilities under this Agreement.
4.3 TechOnline does not guarantee:
(a) the security of the Services or any systems (including the Internet and the Customer's hardware and software) used in accessing the Services, or any information passed through such systems;
(b) access to the TechOnline Services or any systems used in accessing the TechOnline Services will be continuous or fault free.
5. Acceptable Usage
5.1 You must not use TechOnline’s Services or the services of any of its partners:
i) for any activities which violate any laws or regulations, infringe a third party's rights, or are contrary to any relevant codes;
ii) for the posting or transmission of any false, libelous, obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings, as well as material that offends, defames, slanders, harasses, threatens, menaces or restricts any person;
iii) for knowingly transmitting a virus, Trojan/spyware or other disabling feature to TechOnline or its Subscribers or tamper with or make unauthorized modifications to TechOnline’s website or any of its services; and
iv) to attempt any of the above acts or to permit any other person to be engaged in any of the above acts.
5.2 If through the normal operation of the TechOnline services, TechOnline becomes aware, inadvertently or otherwise, of activities that are contrary to existing laws or regulations, TechOnline will be legally obliged to notify the relevant authorities of any such contravention or breach of law or regulations.
6. Privacy
6.1 You acknowledge that under these Terms of Use, TechOnline may provide personal information about you as part of the Services which is the subject of privacy laws. TechOnline will comply with its Privacy Statement located on www.techonline.com.au in dealing with any information associated with your use of the Services. You must not breach or permit a breach of any other person's privacy in using the Services.
6.2 You acknowledge and allow TechOnline or its third party service providers to gain remote access to your computer in order to deliver the Services subscribed for by the Subscriber.
6.3 TechOnline takes reasonable steps to ensure that these third party organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. To this end, TechOnline will use its best efforts to ensure that your personal details are kept secure and protected, that data is encrypted where required, and that its third party service providers comply with these same privacy conditions.
7. Customer Communications
You acknowledge that where the Services require TechOnline to email You, the following will apply:
i) TechOnline will address and send emails to You to the email address provided by You; You are solely responsible for ensuring that your contact details for the Services are current (including email address), your email service is operational and that you check your emails regularly;
ii) You must notify TechOnline of any changes to details relating to information You have provided to TechOnline at the time of signing-up for the Services as soon as practicable via email to support@techonline.com.au. This includes details such as contact information, company name, contact name, etc.;
iii) if TechOnline sends an email to your current email address as listed in your Services contact details, You are deemed to have received that email and TechOnline is not obliged to take any further action to confirm that You have received, opened and/or read the email unless You promptly notify TechOnline and demonstrate that the email was not delivered to your email address;
iv) if TechOnline receives an automated email non-delivery notification indicating You have not received the email that TechOnline has sent You containing or regarding a subscription for a Service, TechOnline will use reasonable endeavours to attempt to contact You using the other contact details that You submitted in your Subscription sign-up details, including non-electronic means, but does not guarantee that TechOnline will be able to contact You.
8. Billing
8.1 By Subscribing to TechOnline’s Services, You agree to provide TechOnline with a valid Credit Card (Visa, Mastercard or Bankcard) for the direct debit of the monthly billing of the Services or to arrange for the monthly payment of Services by other mutually agreed arrangements. As outlined in the Subscriber registration process and subject to Clause 13.1 below, your subscription term is one month and is on a month by month basis and You agree to pay the relevant monthly subscriptions and one-off set-up costs associated with each service. Thereafter, your credit card will be automatically billed monthly in advance for the provision of the Services, and the Services will continue until we receive written notification from You, at least two weeks prior to the expiration of the current months subscription, that You wish the Services to be cancelled at the conclusion of the current month’s subscription. Initial subscription to and on-going delivery of the Services will proceed once payment has been cleared by your bank or financial institution. TechOnline will automatically debit your credit card for the next subscription period in the week prior to expiration of the current period. All prices quoted are exclusive of GST.
8.2 In order for the Services to continue uninterrupted, Subscribers must inform TechOnline if their credit card is due to expire two weeks prior to the expiry date and to provide TechOnline with details of a current credit card. TechOnline will cease supplying the Services two days prior to the expiration of the nominated credit card if updated credit card details are not provided. If any credit card or other agreed payments are overdue, TechOnline reserves the right to immediately terminate the Services and recover all monies owing including recovery costs.
8.3 A $45 fee will apply if the Subscriber’s financial institution rejects the monthly direct debit transaction.
8.4 TechOnline reserves the right to check Subscribers details with credit referencing bodies/associations.
8.5 Tax Invoices for the setup of services and the first month's subscription are provided. Tax Invoices for subsequent monthly subscription payments are not provided unless there has been a change to the payment amount. For a $20 per month fee, Subscribers will be able to receive a Tax Invoice for each monthly subscription payment through requesting such invoices at admin@techonline.com.au. In addition, an annual payment summary for the last financial year is available for a $20 fee.
9. Indemnity
You indemnify TechOnline and its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of www.techonline.com.au or the Services by You or someone using your name and password and You hereby release us from any claims against TechOnline or its partners or service providers.
TechOnline indemnifies You and your officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the infringement of any third party's copyright, trade secret or patent rights by your use of www.techonline.com.au or the Services.
10. Limitation of Liability, Limited Warranty and Disclaimer
10.1 To the extent permitted by law, neither we nor any of our officers, employees, agents, partners, service providers or related bodies corporate will be liable in any way (including for negligence) for any consequential, direct, incidental, indirect, punitive, special or other similar loss or damage, costs or expenses suffered by You or claims made against You through the use of www.techonline.com.au or the Services, any failure to provide www.techonline.com.au or the Services, or in connection with any products, services or information supplied, offered to be supplied or advertised via www.techonline.com.au or the Services. Links provided by TechOnline to third party websites and their content does not imply any endorsement of such content by TechOnline and all Subscribers use such content at their own risk.
10.2 The cumulative liability of TechOnline and/or its partners or service providers for all claims relating to the Services in contract, tort, or otherwise, shall not exceed the total amount of all fees paid to TechOnline for the relevant Services within the prior six (6) months from which such claim arises.
10.3 To the extent permitted by law, all warranties, conditions and representations about www.techonline.com.au or the Services, the fault free availability of www.techonline.com.au or the Services for access and use, the products and services advertised, offered to be supplied or supplied via www.techonline.com.au or the Services and the information provided on www.techonline.com.au or the Services are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
10.4 TechOnline’s subscription services and website (including all information and products that are referenced or linked to it) and all other information, documents, products, software, downloads, repair services, advice and information provided by TechOnline and any of its third party product or service providers are provided “as is” and without warranty of any kind, either express, implied or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. TechOnline assumes no responsibility for any errors, omissions or other inadequacies in the subscription services, TechOnline website or any other information, documents, products, software, downloads, repair services, advice and information provided by TechOnline or any of its third party product or service providers.
10.5 You acknowledge that you have not relied on any representation made by TechOnline which has not been stated expressly in these Terms of Use. TechOnline may change these Terms of Use and any other information relating to the Services, including prices, at any time and your subsequent use of the Services will be governed by the varied Terms of Use. Without limiting TechOnline's ability to give notice by any other means, the Subscriber will be deemed to have received adequate notice of such changes where TechOnline places a notice on the TechOnline website setting out such changes.
11. Pricing, Goods and Services Tax
11.1 All prices displayed and products and services offered to be supplied on www.techonline.com.au are in Australian dollars (AUD) and subject to change with one months notice.
11.2 If GST is imposed on any supply made by us through www.techonline.com.au or the Services, You must pay to us, in addition to any consideration payable or to be provided by You for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by You under any other clause in these Terms of Use. Any amount payable by You is payable on demand by us, whether such demand is made by an invoice or otherwise.
11.3 For the purposes of GST, this Agreement constitutes a tax invoice and therefore an additional tax invoice is not required.
12. Changes
12.1 We may amend any of these Terms of Use from time to time and any other information relating to the Services from time to time. Subscribers will be notified by email of major changes to these Terms of Use that will materially affect their on-going use of the Services. The Subscriber should also visit www.techonline.com.au regularly to be aware of other changes as they are bound by any revisions as at the date they are displayed. The Subscriber’s continued use of the Services after such amended Terms of Use have been posted on TechOnline’s website or notified to Subscribers shall be deemed acceptance by Subscriber of the amended Terms of Use.
12.2 TechOnline may vary, withdraw and add to the Services offered to its Subscribers. Such changes will be notified one month in advance to Subscribers and will take effect from the next subscription period. If a Service is to be removed without a logical replacement, two months advance notice will be provided to Subscribers of such removal.
13. Termination and Refunds
13.1 A full refund of all payments will be made if the Subscriber decides to cancel the service within the first 30 days of service delivery. On cancellation or termination of the Service, the Subscriber will allow for the removal from their computer of all software provided by TechOnline as per 13.6, and will be responsible for re-installing software that may have been removed as part of the initial installation of TechOnline's service.
13.2 If, in TechOnline's reasonable opinion, You breach any of these Terms of Use, we may suspend, terminate or limit your access to www.techonline.com.au or the Services and terminate the Terms of Use effective immediately. We reserve the right to discontinue one or more of the Services if your direct or indirect involvement in activities are detrimental to or jeopardize TechOnline’s Service. Any withdrawal by TechOnline of the Services will not affect the validity or operation of any contract or licence governing the supply of goods and/or services acquired by means of the Services.
13.3 You may terminate the Service at any time by giving a minimum of two weeks written or electronic notice to TechOnline prior to your monthly renewal date. Your Service will continue until the expiration of the current month's subscription.
13.4 TechOnline may terminate the Service at any time by giving 30 days written or electronic notice to Subscribers.
13.5 Given the nature of TechOnline’s business, a Subscriber’s subscription will continue up to the end of the month for which payment has been received. There are no refunds for unused monthly services.
13.6 On termination of a Subscriber's service, TechOnline is required under its licensing agreements to remove all software applications installed and managed as part of TechOnline's services on all Subscriber's computers. Subscribers will allow TechOnline online access as necessary to remove such applications, otherwise a removal fee per computer will apply.
14. General Matters
14.1 This agreement is governed by the law in force in the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning this agreement.
14.2 TechOnline will not be liable to You for any failure in the performance of an obligation pursuant to these terms and conditions to the extent such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to failure of electronic or mechanical equipment or communication lines, telephones or other connection problems, computer viruses, unauthorized access, earthquake, fire, flood or other casualty, an act of God, a strike, lockout or other labour dispute, war, embargo, blockade, legal restriction, riot, insurrection or governmental action.
14.3 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
14.4 If we do not act in relation to a breach by You of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
14.5 You may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without the prior written consent of TechOnline.
14.6 All notices and changes to this Agreement shall be in writing and shall be sent by email to the parties hereto at their respective addresses.
14.7 You have no right to use any trademark displayed on the TechOnline website without the permission of the owner of that trademark.
Last updated: 22 January 2007
