Terms and Conditions of Technisoft Software Assurance
Terms and Conditions of Sale of Goods by Technisoft Pty Ltd
Rules for Use of Our Website and Legal Notices
This website is owned by Technisoft Pty Ltd (ACN 010 730 588), of Suite 7, 2484 Gold Coast Highway, Mermaid Beach, Queensland, Australia ("us" or "we"). The website is operated by us so that you can obtain information about us and our products and services, order our products and send us information. Please feel free to browse our website, subject to these legal rules. If you visit our website, you are agreeing to the terms and conditions listed on this page and any other law or regulation that applies to our website.
All website design, text, graphics and the selection and arrangement of them, and all software is copyright and belongs to us. Permission is granted to electronically copy material from the website (other than software), once only, in the usual course of operation of your web browser, and only for non-commercial, personal use. Downloading and use of software is subject to the End User License Agreement. Any other use of material contained on the website, such as distributing, modifying, transmitting, reusing, re-posting or publishing is strictly prohibited, unless we give you written permission. Unauthorized use of materials from our website will be a breach of this agreement, and may violate copyright and other laws.
We use many trademarks and service marks on our website. For example, Technisoft, the Technisoft logo and Service Manager (including disk head device) are trademarks, service marks and trade dress belonging to us or one of our licensors. You don't have any kind of license or right to use them. We have pending trademark registrations for some or all of our trademarks. All trade names referenced on this website that do not belong to us are trademarks of their respective owners.
We present the information contained in this website as a service to Internet Users. We have made every effort to make the information at this website as up-to-date as possible. However, we cannot promise that it will provide you with complete answers to all your questions or that it is accurate and error-free. If you notice any error, we’d appreciate it if you bring it to our attention.
WE ARE PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
This website and any information contained on the website are subject to change without notice.
Neither we nor any of our directors, employees, shareholders or other representatives, nor anyone who helped us create this website, will be liable for damages arising out of or in connection with the use of this website. This limitation of liability applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
We sometimes link our website to other sites on the web. That doesn't mean that we've looked at all those websites or that we check them out. We are not responsible for what appears on other people’s websites, even if we link to them. We are not recommending them or their products to you; we are simply providing a convenient link. If you suffer any damages from visiting another’s website or using another’s product or service, we are not liable.
You can use this website to communicate with us. This website also includes a list of other ways to communicate with us. It is our policy not to accept information from third parties that is confidential or proprietary.
If you don't want to lose the confidentiality in your material, don't submit it via this website, email it or send it to us. Anything you disclose to us is ours to use and disclose without restriction. You agree that we can do anything we want with anything you submit via this website or send to us in any way, without any payment or acknowledgment to you. For example, we can reproduce it, disclose it, use it in or to develop our products and marketing strategies, transmit it, publish it, broadcast it and put it on this website. This applies even if you mark your information confidential or proprietary or include in your communication statements contrary to the terms of this agreement.
This does not apply to Credit Card or Financial Information or to Data received for the purposes of data repair or review of any type.
We consider that the responsible use of personal information is critical to the Internet to reach its potential as a serious tool for personal and professional activities. We are committed to respecting your right to privacy and protecting your personal information.
We are bound by the Australian National Privacy Principles in the Privacy Act 1988 (Commonwealth) as well as other applicable laws and codes affecting your personal information. Our staff are trained to respect your privacy in accordance with our standards, policies and procedures.
We will endeavor to let you know how we intend to use personal information requested from you. We will also seek to take appropriate steps to protect the information you share with us, including using appropriate technology for credit card data used in electronic commerce transactions where applicable.
Your personal information: what do we collect, and how do we use it?
Generally, you can visit our website without telling us who you are or revealing any personal information about yourself.
We do not collect personal information when you visit our site unless you log on, place an order or register with us.
When you place an order you may be asked for the following personal information: your name, email address, billing address, delivery address, any special delivery instructions, telephone and fax number and credit card data. We do not store credit card data nor do we re transmit it in order confirmation emails or invoices.
We may share this information, and only that information which is absolutely necessary, with those third parties that are involved in the processing of your order. For example, the financial institution that issued your credit card or the financial institution processing your credit card. We may share logistical data with the shipping carrier that delivers your order.
We do not share, sell, rent or barter any identifiable personal information to any third party without your permission.
Technisoft is committed to reducing the amount of fraud it faces. Our policy is that we will prosecute any cases of fraud that we identify. As a first time customer, you may receive a telephone call or email requesting more information/proof to confirm the details that you have supplied to us. If any of the information you supply is found to be false or misleading, we will, if we deem it appropriate, report this to the appropriate authorities for them to prosecute.
When you submit feedback or questions via email, or contact us for information about our website, we may request your name and email address. We use this information solely to respond to your inquiries.
Our site contains links to other sites. Technisoft is not responsible for the privacy practices or the content of other websites and we encourage you to review the policies at these websites.
By default all web server log files capture IP addresses. We may use your IP address to help diagnose problems with our server, administer our website and to track web usage. This information is used internally and is not shared with anyone else.
Cookies are a very useful tool in maintaining state variables on the Web. Since HTTP is a "stateless" (non-persistent) protocol, it is impossible to differentiate between visits to a website, unless the server can somehow "mark" a visitor. This is done by storing a piece of information in the visitor's browser.
This is accomplished with cookies. Cookies can store database information, custom page settings, or just about anything that would make a site individual and customizable. An good analogy to use is that cookies are very much like a laundry "claim-check" of sorts. You drop something off, and get a ticket. When you return with the ticket, you get that same something back.
A cookie is simply an HTTP header that consists of a text-only string that gets entered into the memory of a browser. This string contains the domain, path, lifetime, and value of a variable that a website sets. If the lifetime of this variable is longer than the time the user spends at that site, then this string is saved to file for future reference.
A general note on Cookies:
Whether you use Netscape or Microsoft Internet Explorer (MSIE) or some other browser, your cookies are saved to a simple text file that you can delete at any time.
In order to do this properly, remember to close your browser first. This is because all your cookies are held in memory until you close your browser. So, if you delete the file with your browser open, it will make a new file when you close it, and your cookies will be back.
Remember that deleting your cookie file entirely will cause you to "start from scratch" with every website you usually visit. So, it may be preferable to open the cookies.txt file (in the case of Netscape) and remove only the entries you don't like, or go to the cookies folder (in the case of MSIE) and delete the files from servers you don't want.
A cookie is a simple piece of text. It is not a program, or a plug-in. It cannot be used as a virus, and it cannot access your hard drive. Your browser (not a programmer) can save cookie values to your hard disk if it needs to, but that is the limit of the effect on your system.
Microsoft saves cookies into the "Temporary Internet Files" folder, a system folder that you can set the maximum size of (the default is 2% of your hard drive).
As with everything else about the Internet, you are only as anonymous as you want to be. The sad truth is that revealing any kind of personal information opens the door for that information to be spread. The very nature of Web servers allows for the tracking of your surfing habits alone, and other information about you can be gathered with time.
While cookies themselves are not gathering that data, they are, unfortunately, used as a tracking device to help the people who are gathering that information. As information is gathered about you, it is associated with the value they keep in your cookie.
To reiterate, A COOKIE ALONE CANNOT READ YOUR HARD DRIVE TO FIND OUT WHO YOU ARE, WHAT YOUR INCOME IS, OR WHERE YOU LIVE. The only way that information could end up in a cookie is if YOU provide it to a site and that site saves it to a cookie.
For more information about cookies, visit http://www.cookiecentral.com/faq/ .
Please note that any activity while you are at http://www.technisoft.com or http://www.technisoft.com.au may be monitored.
Emails from Technisoft
Technisoft has found that attractive, graphics-rich emails are a quick, effective and low-cost way to communicate with prospects, customers, and Solution Providers.
If you are a Sage Accpac Business Partner or Registered End User of a Technisoft Product, we may send you information about support issues or specials we are offering. If you do not wish to receive this information you can simply email us at email@example.com and request that your details be removed from our database. You can also request this directly by telephoning us on +61 7 5554 5844. Keeping your personal information accurate and up-to-date is essential to providing better service to you. We aim to make sure that the personal information you disclose is accurate, complete and up-to-date. We will take reasonable steps to make sure this is the case.
If you believe your personal information is not accurate, complete, or up-to-date, please contact us at firstname.lastname@example.org to rectify inaccurate information as soon as possible.
You can gain access to any personal information we may store about you, by submitting a signed request to us in writing at any time. This can be sent to Technisoft Pty Ltd, PO Box 77, Mermaid Beach QLD 4218, Australia, or by fax to +61 7 5554 5522.
Technisoft does not presently use Secure Sockets Layer (SSL) or Secure Electronic Transactions (Payment Gateway) encryption of any bit length for credit card transactions. This means that the credit card information you send is not encrypted by your computer, and then decrypted again on our side, preventing others from accessing your private information in between.
Any Credit Card information you enter is "Client Side", so no one else can see the information you enter on forms that you complete at our website. Any emails generated by us that contain Credit Card Information may be subject to normal security breaches depending on the level of security you have installed on your computer or network system to deal with viruses, trojans and other illegal software related programs. Technisoft recommends the use of Virus Software and Firewall Software, and that such programs be updated regularly.
Technisoft does not retransmit any data sent to it by email in confirmation e-mails, but does store data in Deleted Item folders and Archive folders.
Technisoft itself maintains up-to-date Virus and Firewall programs to ensure the security of any e-mails received or dispatched.
Access to Technisoft services:
(a) will be denied to a user if the user enters an incorrect password on three consecutive occasions;
(b) may be denied if any instruction given using the service, including any comment, message, or note provided in connection with any instructions is made in language that Technisoft considers to be inappropriate;
(c) will be denied if a security device (if any) expires or is otherwise cancelled and a new one is not issued.
If any of the above occur and you find you cannot access a Technisoft service and believe you should be able to, please contact Technisoft Support at email@example.com to rectify this issue.
Technisoft may at any time add to, remove, change or impose restrictions on, the functionality of the services it provides in any respect including, without limitation:
(b) in relation to a user or a class of users; or
(c) in relation to an account or a class of accounts.
Protecting your personal information
We store information in different ways, including in paper and electronic form (we do not store Credit Card or Financial Information). The security of your personal information is important to us and we take reasonable steps to protect it from misuse and loss, and unauthorized access, modification or disclosure.
Some of the methods we employ to do this are:
- confidentiality agreements with our employees
- document storage security policies
- security measures for systems access
- only allowing access to personal information where the individual seeking access has satisfied our identification requirements
- access control to our building
- daily backup of our database with storage of those backups maintained off site.
Important points for you to remember
Keep your password secret and do not disclose your password to any other person.
- Try not to use your date of birth, telephone number, address, your name or the name of a friend or relative in your password.
- Change your password regularly.
- Do not use your banking or other personal identification password for logging into the Technisoft site.
- Ensure that you are not observed entering you password.
- Do not record or store your password anywhere. Try to commit it to memory.
- Check your account records carefully and notify Technisoft immediately if there is any apparent discrepancy.
- Take every reasonable precaution to prevent the spread or diffusion of any software contamination including computer viruses and/or trojans.
Please notify Technisoft if:
(a) your password becomes known to any other person or is compromised in any way;
(b) your computer or a computer containing your password is lost, stolen or fraudulently accessed;
(c) you become aware of any unauthorized transaction or error that may be related to a Technisoft transaction.
IMPORTANT: Read these license terms before commencing to download software from this website. The act of downloading indicates your acceptance of the terms of the license.
Any software that is made available to download from this website ("Software") is the copyrighted work of Technisoft Pty Ltd. Use of the Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
End User License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY SOFTWARE PROGRAMS AVAILABLE FROM THIS WEBSITE. THE ACTION OF DOWNLOADING ANY SOFTWARE PROGRAMS WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.
Subject to the terms of this agreement, we grant to you a personal, non-exclusive license ("License") to use the software available for downloading from this website and any related documentation (collectively "Software"). You are responsible for selecting the Software to achieve your intended results and for the installation, use and results obtained from the Software.
This License becomes effective from the time that you commence downloading the Software from this website.
(a) use the program only on a single computer or install the program on a single computer network system for your own individual use; and
(b) make one copy of the Software for backup or archival purposes in support of your permitted use of the Software.
YOU MAY NOT:
(A) TRANSFER OR RENT THE SOFTWARE OR USE, COPY OR MODIFY THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED BY THIS AGREEMENT;
(B) DECOMPILE, REVERSE ASSEMBLE OR OTHERWISE REVERSE ENGINEER OR ATTEMPT TO REVERSE ENGINEER THE SOFTWARE;
(C) REPRODUCE, DISTRIBUTE OR REVISE THE SOFTWARE;
(D) REMOVE OR DESTROY ANY OF OUR PROPRIETARY MARKINGS ON THE SOFTWARE; OR
(E) USE THE SOFTWARE FOR ILLEGAL PURPOSES.
You agree to indemnify us for all loss or damage that we may suffer arising out of your use or misuse of the Software.
We warrant that the Software will substantially perform the functions or generally conform to the specifications published by us in relation to the Software.
We do not warrant that the Software will meet your requirements or that the operation of the Software will be entirely error free or appear precisely as described in the documentation accompanying the Software.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY US. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, INCLUDING TIME, MONEY, GOOD WILL, LOST PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, WHICH MAY ARISE FROM THE USE, OPERATION, MAINTENANCE, MODIFICATION OR FAILED USE OF THE SOFTWARE.
Where any condition or warranty is implied by statute into this agreement, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, that condition or warranty is included in this agreement. However, our liability for breach of that condition or warranty is limited to one or more of the following, selected by us:
(a) resupply of the Software;
(b) supply of similar Software;
(c) fixing the Software; or
(d) paying someone else to fix the Software.
Default and Termination
We may terminate this agreement immediately in the event of default by you. On termination of this agreement, you must immediately discontinue use of the Software, and destroy or deliver up to us all copies of the Software in your possession or control and delete from your computers, libraries and storage devices within 10 days of the date of termination.
This License does not grant you any right to enhancements or updates to the Software.
We do not and will not indemnify you for any loss or damage arising from or relating to any claim relating to your use of the Software.
If any provision of this agreement is held to be invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force and effect apart from those provisions, which will be deleted.
If any dispute arises about this agreement or how this agreement applies, Queensland law will apply.
Terms and Conditions of Technisoft Software Assurance
Technisoft Software Assurance must be purchased when buying new product.
Technisoft Software Assurance is calculated at 18% of the then published Suggested Retail Price on all Product including Add-Ons and all Employee Packs.
Technisoft Software Assurance is renewable annually.
Technisoft Software Assurance can be renewed at any time and is not compulsory.
If a Customer chooses not to upgrade in any one year, but wishes to upgrade in a subsequent year, they can do so by purchasing Technisoft Software Assurance at that time. They must purchase a minimum of one (1) full year of service and a re-instatement fee equal to 20% of the then current fee for each month of lapsed coverage will apply.
Technisoft Software Assurance currently includes Upgrades, Newsletters, Updates, Hot fixes as applicable, Email support, and a 20% discount on Custom Programming and Report Specifications.
Upgrading Service Manager To Later Versions
A Customer must purchase Technisoft Software Assurance in order to obtain an Upgrade.
It is not compulsory to renew Technisoft Software Assurance, but is highly recommended as timely support cannot be guaranteed if using a non current version of a Technisoft Product.
Therefore if a Customer does not wish to Upgrade this year, but wishes to Upgrade the following year, they can purchase Technisoft Software Assurance at that time to effect their Upgrade but a re-instatement fee may apply.
Technisoft has a Policy to maintain version support for superseded product for a period of three (3) months after release of a new version. After that time support will not be guaranteed and charges may apply in order to Upgrade to a current version. In addition it will be necessary to purchase Technisoft Software Assurance in order to Upgrade.
Please note that an old version that is one or more versions out of date can be upgraded at anytime, but an additional cost may be incurred if major structural changes have occurred in-between previous versions and it is not possible to supply a single upgrade path.
Technisoft will not guarantee timely support if a Customer is not on the latest version of a Technisoft product including the latest Product Update available for that product.
Technisoft will not guarantee timely support if a Customer has not purchased Technisoft Software Assurance but support will nevertheless be provided if an issue is deemed to be the responsibility of Technisoft.
The fee for Technisoft Software Assurance is based on the then current list price and is charged at 18% of Suggested Retail Price.
Prices for Technisoft Software Assurance and other Product are subject to change without notice.
Technisoft Software Assurance provides cover for a period of (1) year from date of purchase.
Technisoft Software Assurance is renewable annually.
It is not compulsory to purchase or renew Technisoft Software Assurance, but is highly recommended as timely support cannot be guaranteed if using a non current version of a Technisoft Product.
Technisoft Software Assurance Agreements are non transferable.
Technisoft Software Assurance Agreements are non refundable.
TECHNISOFT SOFTWARE ASSURANCE IS A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. IN NO EVENT WILL TECHNISOFT’S AGGREGATE LIABILITY FOR ANY CLAIM HEREUNDER EXCEED THE FEES PAID FOR THE PRECEDING TWELVE (12) MONTH PERIOD. THE PRODUCT AND ALL MATERIALS RELATED TO THE PRODUCT ARE SUBJECT EXCLUSIVELY TO THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET FORTH IN THE SERVICE MANAGER LICENSE AGREEMENT, A COPY OF WHICH CAN BE FOUND ON THE ORIGINAL SERVICE MANAGER CD, IN THE ORIGINAL SERVICE MANAGER PACKAGING AND IN THE HELP ABOUT AREA OF ANY SERVICE MANAGER PROGRAM.
Technisoft License Agreement
Terms and Conditions Of Sale of Goods By Technisoft Pty Ltd
All orders placed through this website are subject to confirmation and acceptance by Technisoft.
Technisoft may vary prices for goods in the event of price changes or mistakes and will endeavor to provide reasonable prior notice of these changes by publishing them at our website as soon as they become public knowledge.
If Technisoft requests payment for increased prices, you may cancel the order at any time by giving notice to Technisoft, which must be received within seven (7) days of the announcement of the increase.
Please note that actual prices paid versus prices published at our website can vary due to currency conversion translation when you receive your statement.
Technisoft or its Distributors will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available you will be notified of this by Technisoft as soon as possible. Anyone at the delivery address who receives the goods will be presumed by Technisoft to be authorized to receive the goods.
Goods physically delivered should be immediately examined for defects, and any defects found, should be advised within five (5) working days failing which the goods will be deemed to have been delivered in good order and condition and accepted by you.
Goods delivered by downloading software from the Technisoft website will be deemed to be delivered on acceptance of the Technisoft Terms and Conditions prior to downloading the Software.
If transmission difficulties are experienced during download and product is not received, or is partially received and is therefore damaged, please contact Technisoft support at firstname.lastname@example.org to advise the circumstances in order to obtain another copy of the software by means of download.
If you fail or refuse to take delivery of any goods ordered from the Technisoft website then in addition to all other rights and remedies available to Technisoft, you shall be liable for all loss or damage to the goods, (including consequential loss and damage), suffered or incurred by Technisoft as a result thereof, including all storage and handling costs, and Technisoft at its discretion may charge a restocking fee of 25% of the purchase price. The goods shall be at your risk from the date of dispatch or the date upon which you are notified by Technisoft that the goods are available for delivery, whichever comes first.
Subject to these Terms and Conditions, we grant to you a personal, non-exclusive license ("License") to use the software available for downloading from this Website or that is delivered to you, along with any related documentation (collectively "Software"). You are responsible for selecting the Software to achieve your intended results and for the installation, use and results obtained from the Software.
Your right to use this License is conveyed upon receipt of payment for the goods.
The price for any goods or services purchased from the Technisoft website shall be paid in full without any deduction in respect of any claimed set-off or counterclaim.
Where any condition or warranty is implied by statute into this agreement, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, that condition or warranty is included in this agreement. However, Technisoft's liability for breach of that condition or warranty is limited to one or more of the following, as selected by us:
(a) resupply of the Software or Service;
(b) supply of similar Software or Service;
(c) fixing the Software; or
(d) paying someone else to fix the Software.
All goods ordered are supplied on these Terms and Conditions only and no person in the employment or otherwise as agent for Technisoft has any authority to supply goods on any other Terms and Conditions or to vary these Terms and Conditions in any other way whatsoever, and previous dealings shall not vary or negate these Terms and Conditions in any respect.
Copyright © 2009 Technisoft Pty Ltd. ACN:010 730 588 All rights reserved.