Acceptance

By using the Products and Services, you are agreeing, without limitation or qualification, to comply with all items listed in the ‘Terms and Conditions’ and any other posted guidelines or rules applicable to any TG web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the ‘Terms and Conditions’.

General Conditions of Service

TG only agrees to provide the product or services outlined in each individual agreement. ‘Extras’ such as antivirus software and ‘surfer control’ software are the responsibility of the end user. This service can be performed but must be requested or may be suggested and will attract a separate fee from the other work performed.

TG will make all efforts to ensure uninterrupted service for all aspects of its service but will not be held liable for any losses, tangible or otherwise, to the client as a result of interruption of service.

Virus protection is the responsibility of the client. Any virus received will be deemed to have been as a result of the client. The client may contract TG to remove the offending virus but the costs associated will be charged to the client at their pre-determined per-hour consulting rate.

TG does not take responsibility for any materials hosted on any of our servers. All pages hosted are the responsibility of the client. However, once informed of a client hosting ‘offensive’ material TG reserves the right to remove it and if necessary refer it to the appropriate authorities.

All Domain registrations are done through Melbourne IT. TG simply acts as a registered reseller of the service. It is therefore understood that any issues relating to domains may not be the result of actions by TG or any of its affiliates; however, TG will attempt to solve the problem on behalf of the client.

It is the responsibility of the client to keep a copy of all information stored on the servers. It is not the responsibility of TG to protect the client against loss of information at either end of the data transfer, nor is it the responsibility of TG to perform backups of the information.

In no event will TG be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if TG or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service.

Domain Registration

InfoLearn provides this service on behalf of Melbourne IT. (Hyperlink?). By hiring InfoLearn for this service you understand and agree that a fee will be payable to InfoLearn for said service. In most cases this will have been determined in advance.

Using InfoLearn for registration of a domain does not entitle the client to hosting of the domain and its contents. This is a separate fee that incurs a separate charge.

The client understands and agrees not to hold InfoLearn or any of its subsidiaries responsible for blackouts in service or genuine mistakes in regards to the domain or any of its contents.

Failure to pay for registration of a name will see the site removed from the hosting facilities. Removal of a domain in these circumstances does not release the client from its duty to pay the invoice.

Hosting Services

By using InfoLearn’s hosting services the client has agreed not to hold InfoLearn or any of its subsidiaries liable for any lost productivity, sales or any other lost revenue or resources as a result of a loss of service.

InfoLearn also reserves the right to remove the client from its services. This may occur as a result of the material being hosted and or failure to pay any or all invoices

Licences and Warranties

The Client agrees to abide by the licensing requirements for each software provider and will not ask TG or any of its staff to act outside the boundaries of these agreements.

It is not the responsibility of TG to register any products for warranty. This is the responsibility of the end user. TG may offer to perform this service, but does so at its own discretion.

Most goods will come with a 12-month manufactures warranty/guarantee. Any goods that do not fall within at least the 12-month period must be reported to the client where warranty/replacement options can be discussed.

Changing Account Details

All users may change or cancel their plans at any stage, however the changes will not take effect until the end of the calendar month and the user will be billed up until this stage.


Ending of Agreements

At the cessation of any agreement, TG or any of its subsidiaries is no longer obligated to provide information to a third party about any of the dealings involved in that agreement. Any information given will be at the sole discretion of TG or any of its subsidiaries and any request for said information must be accompanied by a written request from a director of the company with whom the agreement existed and must be dated and signed.

Shipping

The client agrees to pay for all costs associated in transporting any goods from TG to their site. Any additional costs incurred to TG in receiving the goods from the manufacturer or reseller may be passed on the client but must be discussed and approved (verbally or otherwise) prior to the cost being incurred.

Ownership

TG is responsible for all goods until they reach the clients site. Once the goods have arrived on site they immediately become the responsibility of the client.

All goods remain the property of TG until they have been paid for in full. This does not entitle the purchaser to an ‘upgrade’ if they choose to withhold payment until a newer model/version is available.

Returning of goods may attract a restocking fee. This amount will be determined on a per-product basis and is subject to change without notice.

Intellectual Property

TG retains universal and perpetual rights to any and all programs written by or on behalf of TG unless it is agreed to before the commencement of the agreement and must be in writing and signed by an authorized representative from both parties.

Content hosted on this or any other TG owned site remains the property of TG unless it is clearly stated. This includes but is not limited to the artwork, layout and design and copy.

Limit of Liability

Copy or notes provided on the site are provided as guidelines only and do not constitute professional advice and are therefore usable at the discretion of the user who has by accessing the site already indemnified TG and its subsidiaries.

TG does not control and is therefore not responsible for any content held on any sites linked to or from this or any other site.

Privacy

TG will not release passwords until the client is ‘recognised’ by the TG staff member. This may be by providing the staff member with information pertinent to the dealings between TG and the client or may be as simple as voice recognition by the staff member.

Any information or documentation passed on to a third party will only be done so if TG feels that it is in the best interests of the community to do so or after the provision of a warrant.

On Site

While on site the client is expected to provide a level of safety deemed acceptable by the NSW government or its representative body in workplace safety. Failure to meet this clause may mean that TG or any of its subsidiaries may refuse to perform any or all of the duties discussed with the client. TG may also charge the client for the time taken to diagnose the safety issue and for the time remaining on site during a subsequent inspection by a licensed safety officer

Terms of Use
We offer you the ability to access personal information using the User Interface under these Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of your employer, as authorised by your employer. In entering into the Terms of Use, you are undertaking to use TG and its services in a responsible manner in accordance with these Terms of Use.
If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using TG or its services. If you are an employee of a company or other entity, you must be authorised to enter into these Terms of Use on behalf of your employer and you must use the User Interface only to access information about TG or the services that relate to that Company.
You acknowledge that your Client ID is issued to you for the purposes of accessing TG and for authorizing instructions or requests using the Services. Any other use of the Client ID is prohibited. You and your Company (if applicable) are solely responsible for all instructions or requests authorised using your Client ID. TG is entitled to rely on your Client ID as conclusive evidence of your identity and authority without further investigation. You and your Company (if applicable) are solely responsible for any loss caused by use of your ID by you or any other person.

Accounts

All accounts will be shown in Australian dollars. All amounts shown will be inclusive of GST, if not an ‘ex. GST’ will appear next to the amount which indicates that the amount does not include the 10% Federal Goods and Services Tax.

TG reserves the right to change, restrict or adjust the terms of trade to any or all clients as it sees fit.

The client will, upon receipt of any invoice, pay said invoice within the stipulated period. Failure to pay within this period may result in legal action as per NSW debt reclamation guidelines.

Any client that receives a ‘Letter of Demand’ will automatically revert to a cash basis and all goods and services will be paid for at the time of receiving them. The client will not have the right to ask to for their credit to be reinstated but it may be reoffered to them after a period of ‘good faith’.

The client agrees to pay the invoice(s) regardless of the time span than exists. This is however limited to the standard Statute of Limitations of Seven years.

It is the obligation of the client to inform TG or one of its subsidiaries in the event that they are unable to pay any or all outstanding invoices. Failure to do so will force TG or one of its subsidiaries to deny service to any company with at least one of the directors of the defunct company. This also applies to any individual who files for bankruptcy.
Governing law
These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State. If any of the provisions of these Terms and Conditions of Use is, or the application of one or more of those provisions to any person or circumstance is, or becomes illegal, invalid or unenforceable in any jurisdiction, that or those provisions will be: (a) interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and (b) if necessary to maintain the effectiveness of these Terms and Conditions of Use, be severed for the purposes of that jurisdiction, with the remaining provisions remaining in full force and effect All legal content contained on this Website relates only to the laws of New South Wales, unless specifically stated otherwise. The laws of New South Wales may be different from your laws.
Explanation of Terms

‘TG’ refers to Techknowledgy Group Pty Ltd and may also refer to one of its subsidiaries.

‘NSW’ refers to the Australian State of New South Wales.

‘You’ and ‘client’ refer to the party hiring TG (or any of its subsidiaries) for its products and/or services

‘Good Faith’ refers to an undetermined period of time in which the clients have proven themselves as a safe creditor, this decision is at the sole discretion of TG and does not fall under any specific written guidelines.

‘Letter of Demand’ refers to a written document issued by TG outlining the debt owed to TG by the recipient. This is a legal document and as such is issued under the guidelines stipulated by the NSW debt reclamation guidelines.

‘Terms and Conditions’ is the sum total of all issues discussed in the document titled ‘Terms and Conditions’.

‘Site’ refers to the Internet website on which the viewer is accessing the listed information.

‘Cessation’ is the finishing of an agreement.

‘Upgrade’ refers to the move from one object or system to another object or system of greater power or increased function.

‘Restocking Fee’ is a charge issued to the client by TG or one of its subsidiaries to cover the cost of returning the product to the original supplier. This may include but not be limited to shipping and insurance as well as any fee passed on to TG by the original supplier.