General Terms & Conditions

These terms and conditions (Terms and Conditions) apply to any supply of goods and services by Techno Group to the Customer.

Unless Techno Group vary these Terms and Conditions in writing to the Customer, these Terms and Conditions apply in every contract for the supply of goods and services made between Techno Group as supplier and the Customer as buyer, including without limitation, pre-configuration, installation, technical or professional services, maintenance tasks on existing infrastructure, structured services delivery unrelated to product supply and any terms and conditions contained in any order, offer, acceptance or other document and all representations, statements, terms, conditions, guarantees and warranties (whether implied by statute or otherwise) not embodied in these Terms and Conditions are expressly excluded to the fullest extent permitted by law.

1. DEFINITIONS

In these Terms and Conditions:

“Techno Group” means Wigtown Bear Pty Ltd ACN: 999 999 999 trading as “Techno Group”;

“Customer” means the party named as such in the Quotation;

“Quotation” means the quotation or proposal provided to the Customer which specifies specific requirements for goods and/or services to be supplied by Techno Group to the Customer, including any specific inclusions or exclusions, and which must be accepted by the Customer prior to the commencement of the supply of the Services;

“Rates” means the rates specified in the Quotation in relation to the supply of the Services;

“Services” means any goods and/or services supplied by Techno Group to the Customer as set out in the Quotation; and

“Equipment” means any product offered to, or purchased by the Customer, from Techno Group, as set out in the Quotation.

SUPPORT HOURS

Standard business days – Monday to Friday (excluding Victorian and National public holidays)
Standard business hours (Phone and Remote) – 8am to 8pm (AEST)
Standard business hours (Onsite) – 9am to 5:30pm (AEST)

2. SERVICES

Subject to these Terms and Conditions, Techno Group will supply to the Customer the Services, at the rates specified in the Quotation, in respect of the Equipment (if any) specified in the Quotation. Techno Group will use reasonable endeavours to provide the Services within the agreed timeframes, but time will not be of the essence, and Techno Group will not be liable for any loss or damages suffered by the Customer arising out of, or in relation to, a delay in delivery by Techno Group.

SUPPORT SERVICES
SUPPORT RATES

Minimum onsite charge is 1.5 hour (After hours, 2hr minimum applies)

Minimum remote charge is 15min (After hours, 2hr minimum applies)

Pre-Paid

Must be purchased and paid for prior to use, otherwise you will be charged casual rates

Minimum purchase is 5 hours

Unused hours will expire 12months from purchase date

Minimum onsite charge is 1.5 hour (After hours, 2hour minimum applies)

Minimum remote charge is 15min (After hours, 2hour minimum applies)

Non-refundable

Billing increments

Onsite billing increment is per One (1) hour

Remote billing increment is per Fifteen (15) minutes

Business Hours

Jobs lodged by phone, portal and email will be allocated to a staff member within 1hr.

Customers will receive first contact via phone or email within 2hrs of job lodgement unless otherwise arranged with the authorised contact.

Work to start on Remote Jobs within 4 hours of lodgement unless otherwise arranged with the authorised contact

After Hours

Voice Mail, Email and Portal jobs will be allocated by 9am on the following business day.

We will endeavor to return calls to the AH number within 2hrs.

PRICING

All prices quoted in Australian Dollars (AUD)

Subject to exchange rate variations

All payments are to be made in Australian Dollars (AUD)

All monthly based services are invoiced in advanced

Freight Cost:

Freight both ways is at the expense of the customer.

MICROSOFT PRICING

Microsoft license pricing is subject to change at Microsoft’s degression and is outside the control over Techno Group Australia.

Standalone, bundled or contracts including Microsoft licenses with Techno Group Australia, including but not limited to SPLA, Volume and 365 are subject to change during the contracted period.

SPECIAL Offers

All offers have limited stock available and customers are served on a first in basis.

Pricing and specifications are correct at the time of publishing and may change without notice.

All items are sold on a strictly COD term.

Additional charges will occur for shipping of goods to your chosen destination.

All products are sold on a non-return basis.

Images are for illustration purposes only.

Promotion terms and conditions may be changed or varied at any time without notice.

Techno Group reserves the right to terminate the promotion in whole or in part at any time without prior notice and without liability.

Errors and omissions are excluded.

All other trademarks, brand names and product names are the property of their respective owners.

Casual

3. PRICE EXCEPTIONS

Regular Working Hours

The Rates, unless otherwise specified, are based upon the provision of the Services during regular working hours (8:30am to 5:00pm) on regular working days (Monday to Friday). Techno Group reserves the right to charge additional fees in respect of provision of Services outside of these times.

Proximity

The Rates, unless otherwise specified, are based upon the Customer’s premises being located within a 40-kilometre radius, by standard carriage, of the GPO of a capital city of a state or territory of Australia. Techno Group reserves the right to charge the Customer for any additional travelling time and expenses incurred in providing Services outside of this area.

Customer Interference

Techno Group reserves the right to charge the Customer for any extra costs incurred by Techno Group caused by the Customer’s instructions, lack of instructions, interruptions, mistakes, work for which Techno Group was/is not responsible (variations) or a change to/in the Customer’s environment.

Equipment ready for service

The Customer is obliged to carry out all tasks necessary to ensure that its equipment and environment is ready for Techno Group personnel to commence work upon arrival at the Customer’s premises, including any unwrapping, unpacking or system shut downs that may need to be done. Techno Group reserves the right to charge the Customer for additional expenses incurred or additional time spent as a result of the Customer failing to attend to these tasks.

Techno Group will use reasonable endeavours to ensure that the integrity of systems being accessed modified or interacted with as part of any installation or integration task is maintained. To mitigate any risk of instability prior to the commencement of work by Techno Group the Customer will ensure that they have on hand:

(a) Current backup data for the system; and

(b) Current system configuration information.

In the event of any unforeseen failure the will be used to recover systems or equipment. Without such preparation reasonable endeavours will be employed to remedy any failure. Recovery tasks will be conducted as “time and materials” at Techno Group standard rates.

Customer Data

Techno Group takes no responsibility for the loss of any data. It is the customer’s sole resonsibility to backup their data.
Should Techno Group be requested to perform an additional backup up of client’s data, it will only be held for a period of 7 days and then destroyed.

4. USE OF SUB-CONTRACTORS

Techno Group may assign and/or subcontract its rights and obligations under these Terms and Conditions without notice at any time. The Customer may not assign or otherwise dispose of its rights and obligations under these Terms and Conditions without prior written consent from Techno Group.

5. EACH PARTY’S OBLIGATIONS

The Customer will:

(a) allow Techno Group and its representatives access to its premises and its equipment for the purposes of providing the Services in accordance with these Terms and Conditions;

(b) maintain its equipment in accordance with environmental conditions and proper accommodation specified by the manufacturer – OR – supplier of the equipment; and

(c) provide adequate facilities to enable Techno Group to carry out the Services, including all necessary space, heat, light, ventilation, electrical power outlets and storage space.

Techno Group will:

(a) exercise best practise when accessing the Customer’s premises and in providing the Services in accordance with these Terms and Conditions;

(b) ensure that work methods comply with standards necessary to fulfil obligations under, applicable work, health and safety legislation, any relevant Occupational Health, Safety & Environment guidelines and Work Cover requirements; and

(c) identify facilities that may be required to enable Techno Group to carry out the Services, including necessary space, access, light, ventilation, electrical power outlets and storage space.

6. PAYMENT

Techno Group will invoice the Customer in respect of all Services provided in accordance with these Terms and Conditions. The Customer will pay such invoices within 14 days of the invoice date. Any amounts due by the Customer to Techno Group which have been outstanding for a period in excess of 30 days, may, at Techno Group’s option, be subject to additional interest charges at the prevailing Commonwealth Bank commercial overdraft rate.

No refunds or credits are given for unused prepaid Services.

7. TAXES

Unless stated otherwise, if a Taxable Supply is made under these Terms and Conditions the party which made the supply (the “Supplying Party”) may in addition to the amount payable under these Terms and Conditions recover from the other party (the “Receiving Party”) an additional amount on account of GST, calculated by multiplying the amount payable by the GST Rate.

Where a Taxable Supply is made under these Terms and Conditions the Supplying Party shall issue to the Receiving Party a Tax Invoice or an Adjustment Note, as applicable, in accordance with the GST Law.

In these Terms and Conditions, “GST”, “GST Law”, “GST Rate”, “Taxable Supply”, “Tax Invoice” and “Adjustment Note” have the meanings given in section 195-1 of A New Tax System (Goods and Services Tax) Act 1999 (Cth).

8. CHARGEABLE SERVICE

Where service or maintenance is provided to an existing Customer’s Equipment and in addition to any other terms set out and detailed herein if upon inspection of the relevant Equipment, Techno Group determines (at its sole discretion) that no Services are in fact required, the Customer agrees to cover the costs incurred by Techno Group in attending the Customer’s premises and inspecting the Customer’s system or Equipment.

9. LIMITATION OF LIABILITY OF Techno Group

To the fullest extent permitted by law, Techno Group excludes all warranties, guarantees and conditions, whether arising in contract, negligence or otherwise arising out of or in connection with the supply of the Services.

To the extent that any warranty, guarantee or condition cannot be excluded, the liability of Techno Group for breach of any such guarantee, condition or warranty shall be limited, at the option of Techno Group, to any one or more of the following:

(a) in the case of provision of goods;

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) in the case of the provision of services;

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

Except as expressly provided to the contrary in these Terms and Conditions, Techno Group excludes all liability for any indirect or consequential expenses, losses, damages or costs incurred by the Customer arising in any way out of or in relation to the supply of the Services (even if due to the negligence of Techno Group). Any Techno Group liability which may arise under these Terms and Conditions is limited to the maximum extent permitted by law.

Neither party will bring an action against the other relating to the Services more than 2 years after the supply of the Services, excluding an action seeking payment for the Services.

10. INDEMNITY

The Customer hereby indemnifies and holds Techno Group harmless against any and all damages, losses, claims, liabilities, demands, charges, suits, penalties, costs and expenses (including legal costs) incurred or suffered by Techno Group arising directly or indirectly as a result of, any breach of any provision of these Terms and Conditions, any injury or death to any person negligent act or omission, or wilful misconduct of the Customer.

11. INTELLECTUAL PROPERTY

The intellectual property rights in all intellectual property owned by Techno Group at the commencement of the application of these Terms and Conditions remain the property of Techno Group. The intellectual property rights in all intellectual property developed by Techno Group, in providing the Services to the Customer shall become and remain the property of Techno Group, of which Techno Group will (at its sole discretion) licence to the Customer.

All intellectual property rights in data, information, materials utilised by Techno Group in providing the Services, including, without limitation, all software, tools, know-how, methodologies, equipment or processes, shall remain Techno Group’s sole and exclusive property.

The Customer warrants to Techno Group that it has all intellectual property rights necessary to enable Techno Group to carry out the Services. The Customer will indemnify Techno Group from and against any and all damages, losses, claims, liabilities, demands, charges, suits, penalties, costs and expenses (including legal costs) which Techno Group may sustain, or to which any of Techno Group may be subjected, arising out of or relating to any breach of this warranty.

12. CONFIDENTIAL INFORMATION

Both parties acknowledge that they may obtain access to confidential and proprietary information belonging to the other in the course of the provision of the Services. The parties agree not to disclose such confidential information to any person except where:

(a) the information is in, or comes into, the public domain;

(b) the information is required to be disclosed by law; or

(c) the owner of the information consents to its disclosure, or disclosure is required for the provision of the Services.

13. RETENTION OF TITLE AND PPSA

Property and ownership in goods and/or Equipment will remain with Techno Group until the Customer has made payment in full in cleared funds of the purchase price of those goods and/or Equipment and all other amounts owing to Techno Group under these Terms and Conditions.

The Customer acknowledges and agrees that by assenting to these Terms and Conditions, the Customer grants a security interest (by virtue of the provisions of this clause 13) to Techno Group in all goods and/or Equipment previously supplied by Techno Group to the Customer (if any) and all other goods and/or Equipment that will be supplied in the future by Techno Group to the Customer (or to your account) during the continuance of the relationship between Techno Group and the Customer.

The Customer will do such acts and provide such information (which information the Customer warrants to be complete, accurate and up to date in all respects) as in the opinion of Techno Group (acting in its absolute discretion) may be necessary or desirable to enable Techno Group to perfect under the Personal Property Securities Act (PPSA) the security interest created.

The Customer waives any right to receive a copy of a verification statement under the PPSA and agrees, to the extent permitted by law, that as to any contract (including without limitation, these Terms and Conditions) between Techno Group and the Customer to contract out of section 115(1) of the PPSA, except section 115(1)(g) to the intent that Techno Group will preserve its right to seize collateral, and the Customer agrees to waive its rights referred to in section 115(1).

The Customer must pay the costs, charges and expenses of and incidental to the need for, or desirability of registration of, a financing statement or financing change statement or any action taken by Techno Group to comply with the PPSA or to protect its position under the PPSA. The Customer must pay any costs incurred by Techno Group, including legal costs on a solicitor-own client basis, arising from any disputes or negotiations with third parties claiming an interest in any goods and/or Equipment supplied by Techno Group.

Neither Techno Group nor the Customer will disclose any information of the kind referred to in section 275(1) of the PPSA.

The Customer will not authorise the disclosure of any information of the kind referred to in section 275(1) of the PPSA at any time.

14. DELAY AND FORCE MAJEURE

Neither party is responsible for failure to fulfil any obligations due to causes beyond its control.

15. GENERAL PROVISIONS

These Terms and Conditions and the Quotation that they support may not be changed or modified in any way except in writing signed by or on behalf of all the parties.

By signing in the space provided on the Techno Group Quotation, the Customer acknowledges that it has read and agrees to be bound by these Terms and Conditions.

These Terms and Conditions and the Quotation constitute the entire agreement between the parties with respect to the provision of the Services and supersedes all previous agreements or understandings, representations, warranties and conditions not expressly stated herein.

If any term of these Terms and Conditions or any part thereof is or becomes or is declared illegal, invalid or unenforceable for any reason whatsoever in any jurisdiction and such term or part is severable, it is deemed deleted from these Terms and Conditions in the relevant jurisdiction.

If Techno Group elects not to exercise any of its rights arising as a result of a breach of these Terms and Conditions, that will not constitute a waiver of any rights of Techno Group relating to any subsequent or other breach.

The Terms and Conditions shall be governed by and interpreted in accordance with the laws in force in the State of South Australia. The parties submit to the exclusive jurisdiction of the Courts of the State of South Australia.

Unless otherwise specified, each party will, at its own expense and when requested by the other party, promptly do, sign and deliver everything reasonably required to give full effect to these Terms and Conditions and the transactions contemplated by these Terms and Conditions.

All reasonable care, but no responsibility taken with clients equipment.
Techno Group waives all responsibility for goods accepted in for repair and reserves the right to dispose of uncollected items after a period of 3 months.

Contract Start date:

The expected start date is shown on the form, however the actual start date of the contract will be from when the service is delivered live or 30 days from notification if the delay is a result of the customer.

POLICIES

WARRANTY POLICY

General

Techno Phobia reserves the right to determine if warranty is valid.

Freight both ways is at the expense of the customer when returning goods under warranty. It can of course be dropped and picked up from our workshop free of charge.

Goods must be returned in original or adequate packaging for transportation, failure to do so may void the warranty claim.

HP Specific

a) To the extent that HP is liable to the Customer under the Australian Consumer Law in relation to its goods or services not complying with a consumer guarantee, and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, HP’s liability to the Customer is limited as follows:

in connection with the provision of service: to any one or more of the following: re-supply of the services or payment of the costs of having the services re-supplied;
in connection with the provision of products: to any one or more of the following: replacement of the products or the supply of equivalent products; repair of the goods; payment of the costs of replacing the goods or of acquiring equivalent goods; or payment of the costs of having the products repaired.
b) Subject to sub-section a. above and to the extent permitted by law, HP will not be liable to the Customer for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages.

c) The Customer acknowledges and agrees that:

sub-sections a. and b. above are for the benefit of HP;
HP may enforce sub-sections a. and b. above directly against the Customer despite HP not being a party to this Customer contract; and
HP will have no direct liability to the Customer under this Customer contract.

SPAM POLICY

In this Policy, “Spam” includes one or more unsolicited commercial electronic messages to which the Spam Act 2003 applies, and derivations of the word “Spam” have corresponding meanings.

Codes of Practice

The Internet Industry Codes of Practice registered with the Australian Communications and Media Authority (“ACMA”) set out how internet service providers, such as Techno Group, and email service providers must address the sources of Spam within their own networks. They also requires internet service providers and email service providers to give end-users information about how to deal with Spam, and informed choice about their filtering options.

Suspension or Termination

This Policy prohibits you from using your Internet Service to send Spam. If you breach this prohibition, Techno Group may suspend or terminate your Internet Service. The circumstances in which we may do so are set out below.

Reducing Spam

You can reduce the amount of Spam you receive if you:

do not open emails from dubious sources;
do not reply to Spam or click on links, including ‘unsubscribe’ facilities, in Spam;
do not accept Spam-advertised offers;
block incoming mail from known Spammers;
do not post your email address on publicly available sites or directories.If you must do so, look for options, such as tick boxes, that allow you to opt out of receiving further offers or information.;
do not disclose your personal information to any online organisation unless they agree (in their terms and conditions or privacy policy) not to pass your information on to other parties;
use separate email addresses for different purposes, such as a personal email address for friends and family and a business email address for work;
install a Spam filter on your computer to filter or block Spam. We strongly recommend that you install a Spam filter on your computer, even if you receive a Spam filtering service from Techno Group. Information on the availability of anti-Spam software for end-users is available at the Internet Industry Association (IIA) website.
report any Spam you receive to Techno Group or the ACMA (see “Complaints” below); and
visit the “ACMA website” or “Fight SPAM on the Internet website” for more information on ways to reduce the volume of Spam you receive, including how to:
reduce Spam if you operate a website; and
avoid becoming an accidental Spammer.

Spam filtering for Techno Mail subscribers

If you subscribe to Techno Group’s Techno Mail we subject all email messages addressed to you to through our Spam filter.

Techno Group’s Spam filtering service makes use of SpamAssassin filtering technology. The application attempts to identify Spam using text analysis and several internet-based real time blacklists. Using a rule base, it uses a wide range of heuristic tests on mail headers and body text to score the email. If the email scores 6 or more, the email will be delivered to you, but the subject line of the message will be changed to denote that the email has been classified as Spam.

Loss of legitimate email

SPAM filtering services are an effective means of reducing the amount of Spam you receive. However, they will not eliminate all Spam and there is a risk that legitimate email might occasionally be incorrectly classified as Spam and therefore lost.

Your Spam Obligations

You agree that you will use your Internet Service in compliance with the Spam Act 2003 and will not engage in practices which would result in a breach of the Act. In particular, you agree that you will not use, attempt to use or allow your Internet Service to be used to:

send, allow to be sent, or assist in the sending of Spam;
use or distribute any software designed to harvest email addresses;
host any device or service that allows email to be sent between third parties not under your authority or control; or
otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth, (your “Spam Obligations”).

You agree to use your reasonable best endeavours to secure any device or network within your control against being used in breach of your Spam Obligations by third parties, including where appropriate:

the installation and maintenance of antivirus software;
the installation and maintenance of firewall software; and
the application of operating system and application software patches and updates.

We may scan any IP address ranges allocated to you for your use with your Internet Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers. If we detect open or misconfigured mail or proxy servers we may suspend or terminate your Internet Service.

FAIR USE POLICY

SUMMARY

Our Fair Use Policy applies to Services which are stated to be subject to the Fair Use Policy “Fair Use Services”.
Our Fair Use Policy is intended to ensure: a. the availability of Our Services to all eligible Techno Group Customers; and b. that the Fair Use Services are not used in an unreasonable manner.
We reserve the right to vary the terms of this Fair Use Policy from time to time.
We may rely on the Fair Use Policy where Your usage of the Fair Use Services is unreasonable, as defined below.
Unless otherwise indicated, capitalised terms used in this Fair Use Policy have the meanings given to them in Our Agreement with You.

UNREASONABLE USE

It is unreasonable use of a Fair Use Service where Your use of the service is reasonably considered by Techno Group to: a. be fraudulent; b. involve a non-ordinary use; c. cause significant network congestion, disruption or otherwise adversely affect the Techno Group network, a supplier’s network; or d. adversely affect another person’s use of or access to the Fair Use Services, the Techno Group network or a supplier’s network.

Without limitation:

a) Fraudulent use includes resupplying or reselling a Service without Techno Group’s written consent so that someone else may access, use or commercially exploit a Fair Use Service

b) Non-ordinary use includes circumstances where You make or receive calls and/or make use of the internet on Our network in any non-ordinary manner without obtaining Our written consent first, which consent We may give or withhold, or make subject to conditions, in Our discretion. Use in a non-ordinary manner includes:

i. in the case of fixed line services: a. usage for running a telemarketing business or call centre; and b. usage with handsets, auto-dialler devices or software or other equipment that have not been approved by Us for use on Our Network;
ii. in the case of mobile services, any use of a SIM in a SIM box, GSM gateway or any device that is used to automatically re-route calls;
iii. usage to menace, harass or injure any person or damage anything;
iv. usage in connection with an infringement or committing an offence against any law, standard or code; or
v. any other activity which would not be reasonably regarded as ordinary use in relation to the Fair Use Service.

OUR RIGHTS

If We reasonably consider Your use of the Fair Use Services is unreasonable, We may, at Our sole discretion, without telling You before We do so:
a. suspend or limit the Service (or any feature of it) in accordance with Our Agreement with You; and/or
b. terminate the Service in accordance with Our Agreement with You.
This policy is supplementary to and does not limit any of Techno Group’s rights.

EARLY TERMINATION & CANCELLATION POLICY

(a) If:

You terminate an Individual Service before the Initial Period expires (including as a result of Us not accommodating any request by You for a Service Modification or relocation of the Service); or
We terminate a Service in accordance with the Agreement for a breach by You (including termination for a breach of Techno Group’s Fair Use Policy), You will be liable to pay a Cancellation Charge calculated as the sum of:
i) the Monthly Recurring Charge multiplied by the number of months, or part thereof, between the date of termination and the end of the Initial Period; and
ii) any rebates, credits, refunds or discounts (including but not limited to any waiver of port-in credits), provided to You in respect of the Service.

(b) You agree that the Cancellation Charge is a reasonable estimate of our likely financial loss if any Individual Service is terminated prior to the end of the Initial Period.

ACCEPTABLE USE POLICY

Please read this document carefully before accessing Techno Group’s network and systems. By using any Techno Group internet service you agree to comply with the terms of our acceptable use policy.

1. PURPOSE

This Internet Acceptable Use Policy (“Policy”) sets out the rules which apply to use of our dial-up or broadband internet connection services (“Internet Services”), including your responsibilities, and permitted and prohibited uses of those services.

Compliance with this Policy ensures you may continue to enjoy and allow others to enjoy optimum use of our Internet Services.

2. APPLICATION

This Policy applies to all customers who acquire Internet Services from us. Your obligaton to comply with this Policy includes your obligation to ensure any person who you allow to use your Internet Service also complies with this Policy.

Your failure to comply with this Policy (including by any person who you allow to use your Internet Service) may lead to the suspension or termination of your Internet Service.

3. RESPONSIBLE USAGE

You are responsible for your actions on our telecommunications network (“Network”) and systems you access through your Internet Service. If you act recklessly or irresponsibly in using your Internet Service or your actions endanger any person or the integrity or security of our Network, systems or equipment, your access may be restricted, suspended or terminated, without prior notice.

In particular, you agree that you will not use, attempt to use or allow your Internet Service to be used to:

store, send or distribute any content or material which is restricted, prohibited or otherwise unlawful under any applicable Commonwealth, State or Territory law, or which is likely to be offensive or obscene to a reasonable person;
store, send or distribute confidential information, copyright material or other content which is subject to third party intellectual property rights, unless you have a lawful right to do so;
do anything, including store, send or distribute material which defames, harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;
do any other act or thing which is illegal, fraudulent or otherwise prohibited under any applicable Commonwealth, State or Territory law or which is in breach of any code, standard or content requirement of any other competent authority;
do anything, including store, send or distribute material, which interferes with other users or restricts or hinders any person from accessing, using or enjoying the Internet, our Services, Network or systems;
forge header information, email source address or other user information;
access, monitor or use any data, systems or networks, including another person’s private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network;
compromise the security or integrity of any network or system including our Network;
access, download, store, send or distribute any viruses or other harmful programs or material;
send or distribute unsolicited advertising, bulk electronic messages or otherwise breach your spam obligations set out in clause 4, or overload any network or system including our Network and systems;
use another person’s name, username or password or otherwise attempt to gain access to the account of any other Customer;
tamper with, hinder the operation of or make unauthorised modifications to any network or system; or
authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.

4. SPAM

Refer to the Techno Group SPAM Policy above.

5. EXCESSIVE USE

You must use your Internet Service in accordance with any download or capacity limits stated in the specific plan that you subscribe to for the use of that Service. We may limit, suspend or terminate your Internet Service if you unreasonably exceed such limits or excessively use the capacity or resources of our Network in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our Network or systems.

6. SECURITY

You are responsible for maintaining the security of your Internet Service, including protection of account details, passwords and protection against unauthorized usage of your Service by a third party. We recommend that you take appropriate security measures such as installation of a firewall and use up to date anti-virus software. You are responsible for all charges incurred by other persons who you allow to use your Internet Service, including anyone to whom you have disclosed your password and account details.

7. COPYRIGHT

It is your responsibility to ensure that you do not infringe the intellectual property rights of any person in relation to any material that you access or download from the Internet and copy, store, send or distribute using your Internet Service.

You must not use your Internet Service to copy, adapt, reproduce, distribute or otherwise make available to other persons any content or material (including but not limited to music files in any format) which is subject to copyright or do any other acts in relation to such copyright material which would infringe the exclusive rights of the copyright owner under the Copyright Act 1968 (Cth) or any other applicable laws.

You acknowledge and agree that we have the right to immediately cease hosting and to remove from our Network or systems any content upon receiving a complaint or allegation that the material infringes copyright or any other intellectual property rights of any person.

8. CONTENT

You are responsible for determining the content and information you choose to access on the Internet when using your Internet Service.

It is your responsibility to take all steps you consider necessary (including the use of filtering programs) to prevent access to offensive or obscene content on the Internet by children or minors who you allow to use your Internet Service. You may obtain further information on content filtering products at the Internet Industry Association (IIA) website.

You must not use or attempt to use your Internet Service to make inappropriate contact with children or minors who are not otherwise know to you.

You are responsible for any content you store, send or distribute on or via our Network and systems including, but not limited to, content you place or post on web pages, email, chat or discussion forums, bulletin boards, instant messaging, SMS and Usenet news. You must not use such services to send or distribute any content which is prohibited, deemed obscene or offensive or otherwise unlawful under any applicable Commonwealth, State or Territory law, including to send or distribute classes of restricted content to children or minors if that is prohibited or an offence under such laws.

Your failure to comply with these requirements may lead to immediate suspension or termination of your Internet Service without notice. If we have reason to believe you have used your Internet Service to access child pornography or child abuse material, we are required by law to refer the matter to the Australian Federal Police.

9. REGULATORY AUTHORITIES

You must label or clearly identify any content you generally make available using your Internet Service in accordance with the applicable classification guidelines and National Classification Code (issued pursuant to the Classification (Publications, Films and Computer Games) Act 1995 (Cth)) or any industry code which applies to your use or distribution of that content.

Commonwealth legislation allows the ACMA to direct us to remove from our Network and servers any content which is classified, or likely to be classified, as ‘prohibited’ content. We also co-operate fully with law enforcement and security agencies, including in relation to court orders for the interception or monitoring of our Network and systems. Techno Group may take these steps at any time without notice to you.

You must not hinder or prevent us from taking all steps necessary to comply with any direction from ACMA or any other law enforcement or security agency. You acknowledge that Techno Group reserves the right to limit, suspend or terminate your Internet Service if there are reasonable grounds for suspecting that you are engaging in illegal conduct or where use of your Internet Service is subject to any investigation by law enforcement or regulatory authorities.

10. COMPLAINTS

10.1 Complaints about content

If you have a complaint about content accessible using your Internet Service you may contact the ACMA by filling out an online complaint form at acma.gov.au, emailing online@acma.gov.au or faxing your complaint to the ACMA Content Assessment Hotline Manager on (02) 9334 7799. Please note that all complaints to ACMA must be in writing. You may also report a complaint about content by emailing us at support@techno.com.au.

10.2 Complaints about Spam

All internet and email service providers are required by the Internet Industry Code of Practice to maintain an “abuse@” email address (or other email address as notified by the service provider) to allow end users to report Spam. If you think you have been sent Spam by an Techno Group subscriber, you may report it by following the procedure set out in our [Fact Sheet: How to Report Spam. You may escalate a report to a complaint by following the procedure set out in our [Fact Sheet: How to Complain About Spam. If you think you have been sent Spam by a subscriber of another internet or email service provider, you may report it by emailing that service provider at their “abuse@” email address or other email address as notified by the service provider for that purpose.

You can report or make a complaint about Spam you have received by contacting the ACMA by filling out an online complaint form at acma.gov.au or via the ACMA Spam Reporting System SpamMatters.

You may also make complaints to other bodies about Spam where the content is in some other way offensive or contrary to law. For example, you may complain to the ACMA about Spam that contains content you believe is offensive or relates to online gambling.

You can report a Spam message that contains fraudulent or misleading and deceptive content (for example, email scams) to the Australian Competition and Consumer Commission (ACCC) via the ACCC website by phoning 1300 302 502 (business hours, Monday to Friday).

The Australian Securities and Investment Commission (ASIC) also deals with certain complaints about the contents of Spam messages, particularly with regard to fraudulent conduct by Australian businesses. The ASIC website outlines the types of complaints they deal with, and has an online complaint form: www.asic.gov.au (click on ‘Complaining About Companies or People’).

If you are concerned that your personal information has been misused to send you Spam, the Federal Privacy Commissioner recommends that you complain to the organisation first, especially if you know how to contact it and have had dealings with it in the past about other goods or services. If the matter is not resolved adequately, you can visit the Federal Privacy Commissioner’s website for details on how to make a complaint.

11. SUSPENSION OR TERMINATION

Techno Group reserves the right to suspend your Internet Service if you are in breach of this Policy, provided that we will first take reasonable steps to contact you and give you the opportunity to rectify the breach within a reasonable period. What is reasonable in this context will depend on the severity of the problems being caused by the breach (for example, if you commit a serious or continuing breach, it may be reasonable to immediately suspend your Internet Service without notice to you).

If we notify you of a breach of your Spam Obligations, we will, at your request and to the extent we are reasonably able, supply you with information as to the nature of open relays and suggested resolutions to assist you to comply with your Spam Obligations.

Our right to suspend your Internet Service applies regardless of whether the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.

If your Internet Service is suspended and the grounds upon which it was suspended are not corrected by you within seven days, we may terminate your Internet Service. In the event your Internet Service is terminated, you may apply for a pro rata refund of any pre-paid charges for your Internet Service, but we will have the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in the suspension.

12. CHANGES

Techno Group may vary this Policy by giving you notice by email to the email address notified by you or otherwise in accordance with the notice provisions of your service agreement with us. Your continued use of your Internet Service after such notice will constitute acceptance of the variation.

SERVICE LEVEL AGREEMENT (SLA)

The Techno Group will set minimum performance targets and provide rebates if the service fails to meet these targets (SLR). These rebates are available for specific products and services only and are detailed in the Service Descriptions T&C’s.

Where the service is unavailable due to schedule system maintenance outside of standard support hours then this period id exempt from the SLR
Where the service is unavailable due to events beyond our control then this disruption period is exempt from the SLR. These may include, but not limited to;

a) Interruption of the service due to any Telecommunications company circuits or failure of any Telecommunications company services;
b) Interruption of the service due to your applications, equipment or facilities;
c) Where you, your contactors or 3rd parties working on your behalf cause interruption to the service due to your acts or omissions, or any use of the service authorised by you;
d) Where the service is disrupted due to force majeure;
e) Where we are requested by a public authority to suspend or disconnect a service for legal reasons;
f) Where we are prevented from connecting a specific service or rectifying a fault or service difficulty because we are unable to obtain lawful access;
g) Damage to our equipment, network or facilities not caused by Techno Group;
h) Speed loss, planned or not planned, unless otherwise stated in the Product/Service description

A SLR is not redeemable for cash and in any month is capped at the relevant specified percentage of the charges for the specific service for that month. You must claim any SLR in writing within 5 business days of the disruption.
Once a claim is made as stated above, we will calculate the SLR (if applicable) for the service at the end of the calendar month and credit to your account the amount equal to the SLR
You will only be entitled to recieve a SLR if the product or service specifically states in its individual T&C it is subject to an SLR
Techno Group will at all times use reasonable endeavours to ensure the availability of its products / services and ensure response and restoration times are met.

DIRECT DEBIT (INTEGRAPAY) POLICY

This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with IntegraPay and Techno Group. It also details what our obligations are to you as your Direct Debit Provider. We recommend you keep this agreement in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form.

I/We hereby authorize IntegraPay Pty Ltd (ABN: 63 135 196 397) Direct Debit User ID 382220 to make periodic debits on behalf of Techno Group.
I/We acknowledge that IntegraPay and Techno Group will keep any information (including account details) contained in the Direct Debit Request confidential. IntegraPay and Techno Group will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
IntegraPay and Techno Group will only disclose information that we have about you:

to the extent specifically required by law; or for the purposes of this agreement (including disclosing information in connection with any query or claim).

I/We acknowledge that the debit amount will be debited from my/our account according to the Direct Debit Request, this Agreement and the terms and conditions of the agreement with Techno Group.
I/We acknowledge that bank account details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain you should contact your financial institution.
I/We acknowledge that is my/our responsibility to ensure that there is sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight; however transactions can take up to three (3) business days depending on your financial institution. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that IntegraPay or Techno Group will not be held responsible for any fees and charges that may be charged by your financial institution.
I/We acknowledge that there may be a delay in processing if:
There is a public or bank holiday on the day, or any day after the debit date

A payment request is received by IntegraPay on a day that is not a Banking Business Day

A payment request is received after normal operational hours, being 3pm Monday to Friday.

Any payments that fall due on any of the above will be processed on the next business day.

I/We authorise Techno Group to vary the amount of the payments from time to time as provided for within the Business agreement. I/We authorise IntegraPay to vary the amount of the payments upon instructions from Techno Group. I/We do not require IntegraPay to notify me/us of such variations to the debit amount.
I/We acknowledge that the total amount billed will be for the specified period for this and/or subsequent agreements and/or amendments, including associated fee/charges as detailed.
I/We acknowledge that Techno Group is to provide 14 days notice if proposing to vary the terms of the debit arrangements
I/We acknowledge that any request to stop or cancel the debit arrangement will be made in writing and directed to theTechno Group accounts department.
I/We acknowledge that any disputed debit payments will be made in writing and directed to the Techno Group accounts department.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, I/We will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by IntegraPay and/or Techno Group.
I/We authorise IntegraPay to attempt to re-process any unsuccessful payments as advised by Techno Group.
I/We acknowledge that if specified by Techno Group, a setup, variation, dishonour, SMS or processing fees may apply as instructed by Techno Group.

I/We authorise:

The Debit User to verify details of my/our account with my/our financial institution
The Financial Institution to release information allowing the Debit User to verify my/our account details.

IntegraPay Pty Ltd
ABN: 63 135 196 397
P.O. Box 6290, Upper Mt Gravatt, Queensland 4122
Ph: 07 3040 4320 Fax: 07 3343 8590