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1. General Terms
 
   
1.1. Operation
   
  These Terms of Service operate as a binding agreement between EDU Technology Solutions Pty Ltd ABN 29 108 760 658 (“we”, “us”, “our”) and all customers of EDU Technology Solutions Pty Ltd. When you engage our services, you agree to be bound by these Terms, and all other Terms (implied and express) governing the provision of services by us.
   
1.2. Payment Terms
 
   
1.2.1. Unless otherwise specified, all prices listed on www.edutechnology.com.au are the official, current record of prices and fees, and include Australian Goods and Services Tax (GST) and are in Australian Dollars (AUD). All orders, invoices and quotations include GST.
   
1.2.2. EDU Technology Solutions Pty Ltd reserves the right to charge customers for research and acquisition costs involved in researching, sourcing or testing replacement parts or components to be used in servicing that customer's equipment.
   
1.2.3. Repaired, maintained or otherwise serviced goods will not be released to the customer until full payment for service and any associated parts or components, has been received in full.
   
1.2.4. American Express and Diners' Club credit card payments incur a surcharge of 2.99%.
   
1.2.5. EDU Technology Solutions Pty Ltd does not accept returns or refunds for service work performed or any parts or components used.
   
1.2.6. EDU Technology Solutions Pty Ltd reserves the right to charge a storage fee of up to $44 per week (including GST) for equipment held for a period of over one week, where the equipment is waiting for a customer's decision (such as waiting to decide whether to order a part, waiting to pickup by the customer, waiting to be available for a suitable time to deliver to the customer).
   
1.2.7. Without limiting other rights and remedies available to EDU Technology Solutions Pty Ltd, if the Customer fails to make payment by the due date of any amount payable to EDU Technology Solutions, or if any cheque drawn by the Customer is dishonoured, then EDU Technology Solutions Pty Ltd may:
 
   
a. charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 4 per cent for the period from the due date until the date of payment in full; and
   
b. charge the Customer for all expenses and costs (including legal costs, collection costs and dishonoured cheque fees) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due; and
   
c. demand full and immediate payment of any other outstanding accounts owing to EDU Technology Solutions Pty Ltd; and
   
d. by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by EDU Technology Solutions Pty Ltd; without effect on the accrued rights of EDU Technology Solutions under any contract.
   
1.3. Liability and Responsibility
 
   
1.3.1. Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
   
1.3.2. The customer is solely responsible for any illegitimate, unlicensed or illegal software accompanying, installed on or resident on any computer or storage medium upon which EDU Technology Solutions Pty Ltd performs service. The customer agrees to indemnify EDU Technology Solutions Pty Ltd from any liability or claim arising from the customer's use or possession, at any time, of illegitimate, unlicensed or illegal software.
   
1.3.3. EDU Technology Solutions Pty Ltd accepts no responsibility for loss of, or damage caused to, any customer's computer, hardware or software whilst it is in our possession.
   
1.3.4. EDU Technology Solutions Pty Ltd accepts no responsibility for loss or corruption of data. The customer must ensure they have taken all necessary precautions against data loss or corruption. In light of this, the customer is well advised to create and maintain a complete backup of all relevant data.
   
1.3.5. EDU Technology Solutions Pty Ltd does not accept responsibility for any illegal or illegitimate material contained on any customer's computer or equipment.
   
1.3.6. The customer is responsible for any freight insurance or damage caused while their computer is in transit to or from EDU Technology Solutions Pty Ltd.
   
1.3.7. EDU Technology Solutions will not be liable for any direct or indirect loss or damage whatsoever suffered by the customer where we have failed to meet any appointed service or delivery date or time, or cancels or suspends the supply of goods or services.
   
1.3.8. Unless otherwise agreed, the customer is responsible for delivery and pick up of their computer or technology equipment to and from the EDU Technology Centre.
   
1.4. Passing of Property
 
   
1.4.1. All legal or equitable title in goods remains vested in EDU Technology Solutions Pty Ltd until such goods have been paid in full by the customer. The customer must not act in any way which may frustrate our legal or equitable claim to the title in the goods until payment in full has been received by EDU Technology Solutions Pty Ltd.
   
1.4.2. EDU Technology Solutions Pty Ltd retains a lien over any serviced goods, parts or components to the extent of the unpaid balance owing to EDU Technology Solutions Pty Ltd by the customer to whom the goods relate.
   
1.4.3. If full payment has not been made within the due date, EDU Technology Solutions Pty Ltd may without notice enter any premises where it reasonably suspects the goods may be and remove them. For this purpose the Customer irrevocably licences EDU Technology Solutions to enter such premises and also indemnifies EDU Technology Solutions from and against all costs, claims, demands or actions by any party arising from such action.
   
1.5. Service Warranties
 
   
1.5.1. Except as provided by relevant Australian laws and legislation, EDU Technology Solutions Pty Ltd does not provide a warranty for services rendered to hardware or equipment.
   
1.5.2. Data backup and data recovery services are performed on a best efforts basis, and no warranty or guarantee is made as to the possibility or probability of successful data backup or recovery.
   
1.5.3. EDU Technology Solutions Pty Ltd does not warrant that removal of any virus, worm, spyware, adware, malware or other malicious software or script, will prevent related or unrelated infection or attacks in the future.
   
2. Onsite Service (Casual and Contracted)
 
   
2.1. If the Customer gives less than 2 hours' notice to EDU Technology Solutions Pty Ltd canceling any request or appointed casual service, then EDU Technology Solutions Pty Ltd may charge a cancellation fee of up to one full hour of the standard rate for the appointed service, for the loss and damage caused.
   
2.2. All service is charged in thirty minute increments, and any part thereof is rounded up to the next whole thirty minute increment.
   
2.3. There is a minimum charge of one hour (60 minutes) in all cases, without exception.
   
2.4. These terms do not limit or otherwise reduce the scope or operation of Maintenance Agreements in the cases of contractual maintenance.
   
3. Service Centre Service (In-Store Service)
 
   
3.1. All service is charged in thirty minute increments, and any part thereof is rounded up to the next whole thirty minute increment.
   
3.2. There is a minimum charge of one hour (60 minutes), in all cases, without exception.
   
4. Pickup, Repair and Return Service
 
   
4.1. All service is charged in thirty minute increments, and any part thereof is rounded up to the next whole thirty minute increment.
   
4.2. There is a minimum charge of one hour (60 minutes), in all cases, without exception.
   
4.3. All amounts owing must be paid to EDU Technology Solutions Pty Ltd prior to goods being released for return delivery.
   
4.4. Where the customer elects to engage our Pickup and Repair Service, the customer must be available at the nominated time for pickup and return delivery. Failed pickup or return delivery may incur a charge of up to $29.50 for each discrete failed pickup or return event.
   
4.5. Free Pickup and Return offers apply only for residents in the Sydney Metropolitan area. Customers who engage our Free Pickup and Return service may be required to pay an additional pickup and return charge as stated below if either the pickup or return is outside the Sydney Metropolitan area:
 
   
a. $19.95 for customers within NSW; or
   
b. $39.95 for customers outside NSW but within mainland Australia
   
4.6. Free pickup and return may be refused at the sole discretion of EDU Technology Solutions Pty Ltd where the customer requests either pickup or return to an address outside the Sydney Metropolitan area.
   
4.7. The nominated address for pickup and return must be identical.
   
5. Remote Administration & Support Service
 
   
5.1. All service is charged in fifteen minute increments, and any part thereof is rounded up to the next whole fifteen minute increment.
   
5.2. There is a minimum charge of one hour (60 minutes).
   
5.3. The customer will be responsible for ensuring there is a functional internet connection available from the computer or device being serviced remotely.
   
6. Telephone Service
 
   
6.1. All service is charged in fifteen minute increments, and any part thereof is rounded up to the next whole fifteen minute increment.
   
6.2. There is a minimum charge of fifteen minutes.