TERMS AND CONDITIONS OF SERVICE

1.The following are the terms and conditions (the “Terms”) for the use and service of the 13Tech web site (the “Site”), 13Tech Application (the ‘App’), and related material.

2. DEFINITIONS AND INTERPRETATION

1. The following are the terms and conditions (the “Terms”) for the use and service of the 13Tech web site (the “Site”), 13Tech Application (the ‘App’), and related material.

2. DEFINITIONS AND INTERPRETATION

2.1 We / Our / Us etc means 13Tech Pty Ltd (Technozone t/as 13Tech ABN: 35165234695) and may be herein used interchangeably.
2.2 Client means the party that has entered into the agreement with 13Tech.
2.3 You means clients contracted with 13Tech and may be used interchangeably herein.
2.4 Website means the website www.13tech.net.au
2.5 Application means application launched by 13Tech for mobile phone, iPad and related devices.
2.6 Services means assistance provided by 13Tech to the client, as outlined in our website, application and also include those services described in the Agreement, including on-site and remote website.
2.7 Goods means items provided by 13Tech supplied to you by us.
2.8 Business Hours means hours that 13Tech will be working to service clients.
2.9 Agreement means service agreement entered into by the client with 13Tech.
2.10 Platform means places used by 13Tech to provide services
2.11 Dispute means any disagreements between the Client and 13Tech.
2.12 Contract means the Agreement and may be used interchangeably herein.
2.13 Due Date means the date payment is due and payable by the Client to 13Tech for the supply of Goods and Services or other things or matters incidental to the Agreement.
2.14 Fees means those monthly fees described within your contracted 13TECH Service Agreement.
2.15 Commencement Date means the date the parties enter into the Agreement.
2.16 Time means the maximum delay prior to 13Tech responding to a request for Services and/or matters and things incidental to the Agreement.2.17 Services Guarantees means those Service response times as out in the services agreement.
2.18 Tax Invoice means a tax invoice within the meaning of the GST Law.
2.19 Service Confidential Information means
a) all company and personal information, relating to the Goods and Services provided
b) all processes, procedures, techniques, concepts, systems, manuals, licence agreements, disclosure documents, documents, agreements, contracts, notes, file and data base structures and software relating to the Services;
c) any information which, by its nature, places or potentially places 13Tech at an advantage over its present or future business competitors;
d) any pricing information which, by its nature, places or potentially places 13Tech at a disadvantage with its present or future clients;
e) Including any information that is reasonably regarded as sensitive commercial information of 13Tech, but excluding information:
(i) was lawfully known to or in possession of Client prior to Client entering into contract with 13Tech; or
(ii) is of public knowledge or subsequently enters the public domain other than as a result of a breach of the Agreement.

3.PARTIES

4.1 The parties are:
a. Technozone t/as 13Tech ABN: 35165234695 (‘13Tech’, ‘us’, ‘we’ or ‘our’); and
b. the Client named in a 13Tech Service Agreement ( also known as ‘you’ or ‘your’)

4. GENERAL

By using 13Tech and its services, you agree to be personally bound by the below terms and conditions, whether for yourself or on behalf of a minor, if you are registering on behalf of a minor. By using this website, you represent that you are 18 years old, and if being registered on behalf of a minor, that you are their designated legal guardian.

5. IT SUPPORT

13Tech must provide Services to the Client
   a. pursuant to the Client Service Agreement.
   b. otherwise on the terms and conditions of the Agreement, throughout the term.
The method of providing services will be determined in the Client Service Agreement.
13Tech must provide services in a professional manner in accordance to the Client Service Agreement.

6. USER ACCOUNT AND SECURITY

6.1 In order to use the one off remote and on-site support service, we require that you create an account. During the registration process, you may be asked to create a username and password. You are responsible for maintaining the confidentiality of any password or account information from 13Tech and all the activities that occur thereon.
6.2 We require that you provide complete, up-to date and accurate information required per the registration process. You should not use a username
(a) of another person with the intent to impersonate that person;
(b) subject to any rights of a person other than you with appropriate authorization; or
(c) that is otherwise offensive, vulgar or obscene
6.3 Accounts are registered to you personally and may not be transferred at any time under any circumstances. You are under obligation to immediately notify 13Tech of any unauthorised use of account. 13Tech is not responsible for any unauthorised use of the services under your account.

7. PLAN SUMMARY

$0 Plan $9.99 Plan $29.99 Plan $59.99 Plan
Service Guarantees No time guaranteed. Up to 48 hours Up to 24 hours Up to 8 hours
Features
  • i.See it. Share it. Solve it Method.
  • ii.Access to DIY Guide.
  • iii.DIY Assistance with Data Backup.
  • iv.Plan Add-Ons Available
  • v.No response Time Guaranteed
  • i.See it. Share it. Solve it. Method
  • ii.Access to DIY Guide
  • iii.DIY Assistance with Data Backup
  • iv.Initial Remote Check-Up
  • v.Anti-Virus Support
  • vi.Install Licensed Applications
  • vii.Performance Tune Up
  • viii.Scam Reporting
  • ix.Chat Support
  • x.Remote Support – 3 Sessions per Month
  • i.See it. Share it. And Solve it Method
  • ii.Access to DIY Guide
  • iii.DIY Assistance with Data Backup
  • iv.Remote Check-Up
  • v.Anti-Virus Support
  • vi.Install Licensed Applications
  • vii.Performance Tune Up
  • viii.Scam Reporting
  • ix.Chat Support
  • x.Remote Support – 3 Sessions per Month
  • xi.Unlimited Call Support
  • i.See it. Share it and Solve it. Method
  • ii.Access to DIY Guide
  • iii.DIY Assistance with Data Backup
  • iv.Remote Check-Up
  • v.Anti-Virus Support
  • vi.Install Licensed Applications
  • vii.Performance Tune Up
  • viii.Scam Reporting
  • ix.Unlimited Remote Support
  • x.Unlimited Chat Support
  • xii.Limited Onsite Support (Twice a Year)
  • xiii. New Device every 5 Years.
  • xiv.Respond within 8 Hours
  • (*Location should be in Melbourne City, otherwise it needs to be confirmed with 13Tech)

8. Add-Ons

Add-ons to the $0 plans are available, including, but not limited, to one off support. Refer to the $0 plan Terms and Conditions for more information.

9. FEE FOR SERVICE

9.1 The fees for a service are:
a. the fees specified in the Product Terms;
b. if none are specified, our then current published fees for that service.

9.2 Except where we have agreed fixed fees for services, we may adjust our fees at any time.

9.3 If we perform any work that is not covered by the Product Terms, we may charge for that work:
a. at our current published rates for that type of work; or
b. if there are no current published rates, at our time and materials rates for similar work

Plan Annual Monthly
0 0 0
19 $205.20 N/A
29 $313.50 N/A
59 $637.20 59

11. EXCLUDED SERVICES FOR REMOTE SUPPORT

13Tech
services do not include the below remote support:
a. hard drive formatting or operating system installation (provided as an onsite support)
b. the provision of new or replacement hardware or software;
c. scripting, programming, database design or web development
d. Support/building business grade application and custom-built application
e. Software bug fixing (software inherent/compatible issues other than basic trouble shooting)
f. Advanced IT Services such as Network Monitoring, Security/Firewall Monitoring, Routine Backup, Proactive Software Patching, etc.
g. Issues with manufacturing of the software/hardware

12. EXCLUDED SERVICES FOR ONSITE SUPPORT

13Tech services do not include the below onsite support:
a. scripting, programming, database design or web development
b. Support/Building business grade application and custom-built application
c. Software bug fixing (software inherent/compatible issues other than basic trouble shooting)
d. Advanced IT Services such as Network Monitoring, Security/Firewall Monitoring, Routine Backup, Proactive Software Patching, etc.
e. Issues with manufacturing of the software/hardware

13. SERVICE AVAILABILITY

Service coverage by 13Tech as outlined in this agreement follows the schedule specified below:
a) On-site support: 9:00 A.M. to 5:00 P.M, Monday to Friday
b) Remote/Phone Support: 6:00 A.M. to 10:00 P.M, Monday to Saturday
c) Email Support: 6:00 A.M. to 10:00 P.M, Monday to Saturday

14. DURATION OF AGREEMENT


14.1 The Service Agreement continues unless otherwise cancelled or terminated in accordance with the Agreement or the terms and conditions herein.
14.2 Month to Month term agreement will automatically continue unless the Client provides in writing a notice of termination. Termination of the agreement will be effective from the end of the current payment cycle from which the termination notice is served.
14.3 Any introductory pricing period that may have been provided will ended per the Service Agreement or at the conclusion of Introductory offer pricing period.

15. CANCELLATION CHARGES

You may cancel your Subscription early by notifying us in “Cancellation Form”. No early termination charge is payable if you are terminating as permitted under Australian Consumer Law.

16. REFUNDS

Please refer to Refund Policy in the Website

17. SEVERANCE & TERMINATION

17.1 13Tech may in its sole and absolute discretion refuse membership, or suspend or terminate membership at any time and for any reason including, but not limited to:
a) Acting in breach of terms and conditions of 13Tech.
b) Acting in breach of terms stated in the Client Service Agreement
c) Acting fraudulently or engaged in illegal activities
d) Required by law to terminate account
17.2 If 13Tech disables your access to your Account, you may be prevented from accessing the Platform, your Account details or any materials contained in your Account. You have no ownership rights to your Account.
17.3 If you voluntarily cancelled your Account, you may reactivate that Account at any time by contacting us via email at hello@13tech.com.

18. CHANGES TO PLATFORM

18.1 13Tech reserves the right to alter the service provided from time to time and will post the updated version in the Website. You are understood to have agreed to the Terms and Conditions if you have used 13Tech platforms after the updated terms have been posted.
18.2 13Tech will not vary prices during the term of Client subscription.
18.3 If you so disagree with any of the updates or changes in term and conditions, you should stop discontinue the use of platform per the cancellation policy. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose.

19. THIRD PARTY INFORMATION

19.1 We do not take responsibility for any loss or damage arising, direct or indirect suffer in connection with or arising from products or services, action or omission of third party users, including but not limited to, other subscribers contributors advertisers or sponsors of the website.

19.2 When required, 13Tech may recommend third party providers to complete tasks such as electricians, audio visual companies, antennas installers etc. 13Tech is not responsible for any dispute or faults that arise between the 3rd parties and the customer, including but not limited to job costings/quotes, property damage, or incorrectly installed equipment.


19.3 The Client is responsible to inform the third party contractor on what is required to complete their tasks. 13Tech is not liable for any miscommunication arising from the job. 


19.4 Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to hello@13tech.com.au . We may investigate the claim and take appropriate action, which is at our sole discretion

 

20. LINKS FROM PLATFORM

20.1 All the information provided to Clients are provided on good faith. We derive information about external sources which we believe to be accurate at the date of publication. We do not make representation that the information provided are reliable, accurate and up-to-date and make no guarantee of any results from the use of this website. The consumers are strongly encouraged to their own independent research. We are not liable for any loss or action arising from any action taken or reliance by you on any information or material posted by us. 


20.2 13Tech Website contain link to third party website for ease. 13Tech do not control these website and you should use and peruse these websites is at your own risk. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.

 

21. INTELLECTUAL PROPERTY

21.1 The name 13Tech and its associated content, text, images, logos are its own and belongs to no one else. Unless expressly permitted, you do not have the right to use any of the material. 

21.2 You acknowledge and agree that 13Tech own all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognised in Australia and internationally and is protected by national and international copyright laws. 


21.3 You may choose to submit comments bug reports, ideas or other feedback about the Website and Application and/or or any modifications, features or improvements thereto. You acknowledge and agree that 13Tech owns all rights to Feedbacks and use it shall own any and all Feedback and 13Tech shall have the right to use, in for any purpose whatsoever.

 

22. YOUR OBLIGATIONS AND DISCLAIMERS

22.1 13Tech will not be responsible for any loss of user generated data. You are responsible for backing up your data, media and software prior to giving us access to your technology 

22.2 13Tech does not guarantee that the Website will error free. The content and data in the website is provided as it is available. While 13Tech strives for perfection, we cannot ensure that the files from the Website are not corrupted and free from viruses. Receipt of messages from Client cannot be guaranteed and is dependent upon third party providers, and outside our control, such as low internet connection. You may be entitled to compensation in limited circumstances.
22.3 You are responsible for your own Internet connection, data usage and telecommunications fees and charges that you may incur whilst accessing the Platform.

23. RESTRICTION OF USE

23.1 13Tech only permits you to view and use the Platforms for your own personal and limited commercial use. You are restricted from:
a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform
b) Sell, assign or transfer your rights of the Platform to any other person without express permission from 13Tech.
c) Make false and misleading statements concerning the use and content of 13Tech
d) Use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Platform.

e) Use of unauthorised commercial purposes.

f) improperly obtain or attempt to improperly obtain any information or data from the Platform including, without limitation, email addresses or mobile phone numbers of other Users

g) Use of platform for unlawful, prohibited, abnormal or unusual activity

h) Use the platform to create and send information including, but not limited to harmful, degrading, obscene, defamatory and hateful content. 

i) Use platform to send unsolicited messages including “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;

j) attempt to gain unauthorized access to the Platform, accounts registered to other Users, or any servers, systems or networks connected to the Platform

k) use the Platform to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;

 

24. CLIENT OBLIGATION

The Client Should
a. Provide all reasonable assistance requested by 13Tech in diagnosing problems that the Client faces.
b. provide us with reasonable and timely access to your facilities, premises, information, equipment, personnel, network and data to enable to fulfill our obligations under the Product Terms.
c. Client acknowledge and agrees to treat the technician in an accepted professional manner with respect and courtesy. In return, the technician will perform services in a professional manner, and in accordance with the standard of care, skill, and knowledge generally prevailing in the industry
d. make available free of charge and within a reasonable time all information, facilities and services reasonably required to enable 13Tech to provide the Services.
e. You warrant that:

(a) you are the owner or authorised licensee of all software, data, media, PCs/laptops and other equipment which you ask us to access, repair or install for you, and 

(b) providing our services in relation to those things does not violate any third party rights.

f. You consent and authorise us to:

 (a)   access your nominated PC / laptop in order to provide our services.

(b)   access, modify, reproduce and / or temporarily impair your data, systems, programs or electronic communications to the extent necessary to carry out the services.

 

25. CONFIDENTIAL INFORMATION

25.1 Each party must keep confidential all Confidential Information provided by the other party.
25.2 Upon termination of this agreement, the Client will return immediately all Confidential Information belonging to 13Tech and vice versa.

26. WARRANTIES

26.1 All labour as part of the Service Plans includes a 60-day warranty period for issues or omissions caused by 13Tech
26.2 All Parts and equipment (purchased through 13Tech) as part of Monthly Service Plans includes a 12-month manufacturer’s warranty period.
26.3 13Tech is not responsible for any loss of data, software and media. It is the responsibility of the Client to backup all of their data, software and media. We make no warranties or guarantees, either expressly or impliedly, that your data will not be damaged and/or lost during any repairs or maintenance performed on your system. You are strongly encouraged to back-up your data or system prior to our technician accessing it remotely.
26.4 As far as the law permits, we are not liable for any damages for loss, theft, injury or death howsoever caused. This extends to any third parties.
26.5 Where applicable, You are responsible for any courier costs and insurance costs for purchased and warranty goods.
26.6 Warranty does not involve any third party technical issues such as third part contractor issues, faulty hardware and/or software, or faulty wiring.
26.7 If 13Tech attends to a warranty issues which is then discovered that the issue was caused as a result of third party interference, we will charge $70 per hour for investigation and resolution of the issue(if possible).

26.8 If 13Tech attends to a warranty issues which is then discovered that the issue was caused as a result of the devices being misused, instructions not properly followed or that the software setting have been drastically changed, we will charge $70 per hour for investigation and resolution of the issue(if possible) and bring the systems back to its original state.

26.9 If Computer Cures provides any phone support for a warranty issue and discovers that the issue is caused by cables that have been unplugged, internet drop outs, NBN issues, or re-configuration of any equipment we will charge $150 per hour for all support.

 

27. FAIR PLAY POLICY

27.1 The fair play policy is created for clients to ensure that they do not use 13Tech in an  excessive, unreasonable or fraudulent manner that it is not intended for. Any operation that impact the reliability of the operation and the quality of our service is deemed to be an abuse of the plan provided and therefore falls under the ambit of fair play policy.

27.2 You must not use any of our Fair Play offers in a way that is excessive. We consider the below excessive

a) using more than 10 remote support each month for the $29 and $59 plan is excessive use of our Fair Play offers. 

27.3 If we reasonably believe that you are in breach of this FairPlay Policy, we can: 

(a) cancel or limit your right to use a FairPlay offer without telling you before we do so; and 

(b) suspend or cancel your services which have been used in connection with the FairPlay offers by telling you in writing 30 days before we do so. 

27.4 If we believe on reasonable grounds that you are in breach of this Fair Play Policy, you must pay us the difference between the standard rate (without any Fair Play offer applied) and the amount you have paid to us. 

 

28. DISPUTE RESOLUTION

28.1 The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against 13Tech, its agents, employees, successors, assigns

or other related personnel arising out of or relating to their Agreement with 13Tech through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation using an independent mediator, rather than through litigation.
28.2 If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and precedents that Victorian judge would apply to the Dispute. The arbitrators shall decree their award in writing and will include the findings of fact and conclusion of law upon which their award is based. The existence or results of any negotiation, mediation or arbitration will be treated as confidential.
28.3 Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm.

29.LIABILITY

29.1 13Tech is not liable for any issues triggered by Windows/Apple software updates.
29.2 13Tech is not liable for any lost data caused to faulty hardware and/o software, faulty backup or lack of system maintenance or factors such as fire, theft, water damage, etc.
29.3 Maintaining and keeping your systems secure is the sole responsibility of the customer. 13Tech will not be liable for any virus infection, security breach (ie: being hacked), identity theft, ransomware infection or internet/phone scams
29.4 Anti-virus software may not provide 100% reliable protection against the latest computer virus infection.

30. SURVIVAL

The terms underneath the following headings survive the termination and expiry of this agreement:  “intellectual property” “confidential information” and “user-generated content”.

31. SEVERABILITY

If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

32. GOVERNING LAW

These terms are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those court.

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