Terms and Conditions
(Published on 14 August 2017)
This document outlines the Terms and Conditions for the following Tecuris services:
- Tecuris Connect – Managed Tablet
- Tecuris Connect – Bring Your Own Device (BYOD)
1. About Our Customer Terms
“Our Customer Terms”
1.1 “Our Customer Terms” sets out our standard customer terms and applies to all persons who purchase and or use the Tecuris Connect – Managed Tablet or the Tecuris Connect – Bring Your Own Device (BYOD) Services.
1.2 The Tecuris Connect Services are offered as either a Tecuris Connect – Managed Tablet or a Tecuris Connect – Bring Your Own Device (BYOD) Service.
1.3 The Tecuris Connect Services are for private use only.
2. Becoming our customer
Accepting your application
2.1 When you ask for a service, we decide whether to supply it to you based on:
(a) the particular terms; and
(b) your eligibility; and
(c) its availability; and
(d) you meeting our credit requirements.
Tecuris Connect Service – Managed Tablet
2.2 If a Tecuris Connect Customer chooses a Managed Tablet, Tecuris will be responsible for the configuring, testing and shipment of this device as specified at the time of purchase. Once the customer supplies a correct mailing address Tecuris undertakes to deliver this device within ten (10) working days.
2.3 All Managed Tablets are configured with 4G SIM cards for data access only. Phone and SMS features will be disabled.
2.4 If the customer chooses to utilise Wi-Fi for their Managed Tablet, the customer will be responsible for any Wi-Fi connection, configuration, performance and cost.
2.5 Tecuris cannot be held responsible for the performance of the Telstra 4G Data Connectivity. The Telstra 4G Data Network cannot be accessed outside of the Telstra Australia-wide footprint.
2.6 All Tecuris Connect Customers with a Managed Tablet agree to permit Tecuris to manage the device remotely via AirWatch. This includes but is not limited to the installation of new Apps, system upgrades and troubleshooting.
2.7 The removal of the AirWatch Agent from a Managed Tablet is a breach of these terms and conditions.
Tecuris Connect Service – Bring Your Own Device (BYOD)
2.8 If a customer chooses the Tecuris Connect Service – Bring Your Own Device option they will be required to install the Tecuris App on their own device (BYOD). They will be responsible for ensuring that they have adequate 4G and/or Wi-Fi coverage and that their Android device has Operating System version 4.2 or later.
2.9 The Tecuris Connect Service is not supported on iOS devices.
2.10 Tecuris cannot be held responsible for problems relating to customer provided devices, 4G connectivity, Wi-Fi connectivity or the performance of any non-Tecuris third party App.
3. Using the TECURIS service
Maintenance and repair – Managed Tablet
3.1 Generally, we maintain all of our services for the life of our service agreement, twenty-four (24) months, or until the services are cancelled by the customer or Tecuris, in accordance with these terms and conditions.
3.2 The customer will make every endeavour to ensure that the Tecuris device is well maintained.
3.3 In cases where the device is damaged or lost the customer will be responsible for the cost of a replacement device and continue for the balance of the period of the agreement or paying out the balance of the twenty-four (24) month agreement.
3.4 Tecuris Connect Service – Managed Tablet customers will at the end of the twenty-four (24) month agreement take ownership of and retain the Tablet.
Excessive or unusual use of the Tecuris Connect Service – Managed Tablet
3.5 The Managed Tablet has been supplied and covers reasonable and usual data usage (considered to be 2GB a month).
3.6 In some circumstances, we may monitor usage of your service for excessive 4G data consumption.
3.7 We reserve the right to limit or restrict data usage where that usage is deemed to be excessive and unreasonable.
Maintenance and Repair of the Tecuris Connect Service – Bring Your Own Device (BYOD)
3.8 Where a customer chooses Tecuris Connect Service – Bring Your Own Device (BYOD) you will be responsible for the day to day data consumption and maintenance and repair of that equipment.
4. Changing Our Customer Terms
Terms we cannot change
4.1 If a customer enters into a fixed term twenty-four (24) month contract, for the Tecuris Connect Service – Managed Tablet, we cannot change the minimum monthly fee or any early termination fee that applies to your service during the term of your fixed length contract. When your current fixed length contract concludes, you will have the option to extend the contract, conclude the contract or move to another Tecuris Service.
4.2 If a customer enters into a monthly arrangement, for the Tecuris Connect Service – Bring Your Own Device (BYOD) the contract can be terminated by the customer or Tecuris with thirty (30) days’ notice. The customer will not be charged for any future billing periods. The Tecuris Connect Service – Bring Your Own Device (BYOD) customer can at any time conclude the contract or move to another Tecuris Service.
Change to Customer Terms
4.3 We reserve the right to change customer terms where those changes are:
(a) required by law; or
(b) necessary for security reasons, to prevent fraud or for technical reasons
5. Charges and payment
Charges
5.1 Our Customer Terms set out the types of charges you must pay us for the Tecuris Connect Service. Sometimes you have to pay a particular charge in advance, in such cases this is clearly stated in the terms detailed in the appendices.
Account Statements
5.2 We will provide on-line access to your Account including subscription details and payments.
5.3 Our records are sufficient proof that a charge is payable unless they are shown to be incorrect.
5.4 It is your responsibility to:
(i) keep your contact details up to date and notify us of any changes; and
(ii) keep your Tecuris account log in details secure to protect the privacy of your personal information.
Credit and debit card payments
5.5 If your account is paid by credit or debit card, we reserve the right to charge you a card payment processing fee, in accordance with industry standards. If applicable, please refer to your account statement.
Late or dishonoured payments
5.6 If your payment is either late or dishonoured Tecuris reserves the right to charge you a service fee that will not exceed $15 for each payment period.
Adjustments
5.7 We can pay you amounts we owe you by deducting them from amounts you owe us.
6. Your rights to cancel or suspend your service
Choosing to cancel your service
6.1 You can cancel your Tecuris Connect Service – Managed Tablet service at any time by terminating in writing. However, if you cancel before the end of any fixed term for your Tecuris Connect Service – Managed Tablet, we can charge you the applicable early termination fee of up to the balance of the twenty-four (24) month contract.
6.2 If a customer enters into a monthly arrangement, for the Tecuris Connect Service – Bring Your Own Device (BYOD) the contract can be terminated by the customer or Tecuris with thirty (30) days’ notice in writing. The customer will not be charged for any future billing periods. The Tecuris Connect Service – Bring Your Own Device (BYOD) customer can at any time conclude the contract or move to another Tecuris Service.
Material breach by us – Managed Tablet and Bring Your Own Device (BYOD) Service
6.3 You can cancel your service at any time if:
(a) we are in material breach of Our Customer Terms (for example, because we fail to use reasonable care and skill in providing the service to you); and
(b) you have told us in writing of our material breach and we have failed to remedy it within 14 days of you telling us; or
(c) the breach is something which cannot be remedied (in which case you can terminate the service immediately by telling us).
We will not charge you any early termination fee if you cancel your service because of our material breach. However, you do have an obligation to return to return the Tablet to a Tecuris location.
7. Our rights to cancel or suspend your service
Choosing to cancel your service, Tecuris Connect Service – Bring Your Own Device (BYOD)
7.1 If you are a Tecuris Connect Service – Bring Your Own Device (BYOD) contract customer, we can cancel your service at any time, if we:
(a) get your consent; or
(b) tell you a reasonable period (but at least 30 days) beforehand; or
(c) transfer you to another comparable Tecuris Service.
Choosing to cancel your service, Tecuris Connect Service – Managed Tablet
7.2 If you are a Tecuris Connect Service – Managed Tablet fixed twenty-four (24) month contract customer, we can cancel your service before the end of your twenty-four month (24) fixed term contract at any time if:
(a) we get your consent to do so; or
(b) we take reasonable steps to appropriately offset the effect of the cancellation on you (for example, by providing a credit or rebate to you); or
(c) we transfer you to a reasonably comparable alternative Tecuris service for the remainder of your two (2) year contract; or
(d) we offer to transfer you to an alternative service for the remainder of your two (2) year contract and take reasonable steps to offset any material detrimental effects of the transfer caused by any material differences between the cancelled service and the alternative service we offer.
If we cancel your service in this way, we will not charge you any early termination fee.
Material breach by you, Tecuris Connect – Managed Tablet and Bring Your Own (BYOD) Services
7.3 We can cancel your service at any time if:
(a) you are in material breach of Our Customer Terms; and
(b) we have told you in writing of your breach and you have failed to remedy it within 14 days of us telling you; or
(c) the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).
7.4 You will be in material breach of Our Customer Terms if you:
(a) breach your obligation to pay our charges for your service; or
(b) use your service in a way which we reasonably believe is fraudulent, poses an unacceptable risk to our security or network capability or is illegal or likely to be.
7.5 For Tecuris Connect – Managed Tablet customers we can charge you the applicable early termination fee, the balance of the fixed twenty-four (24) month contract, if we cancel your service before the end of the fixed twenty-four (24) month term because of your material breach.
7.6 For Tecuris Connect – Bring Your Own Device (BYOD) contract customer we can charge you the applicable early termination fee, the balance of the 30-day charge, because of your material breach.
Suspension during period before we cancel your service
7.7 We can suspend or restrict the provision of your service during the period before we cancel your service because you are in material breach of Our Customer Terms.
7.8 We can cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if:
(a) the law requires us to do so;
(b) providing the service becomes illegal or we believe on reasonable grounds that it may become illegal;
(c) there is an emergency that affects our ability to provide the service; or
(d) we are not able to provide the service to you due to an event outside our reasonable control.
We will not charge you any applicable early termination fee if we cancel your service for one of these reasons.
7.9 We can also cancel, suspend or restrict your service by telling you with as much warning as we reasonably can if:
(a) you become bankrupt or insolvent or appear likely to do so;
(b) if you are a Tecuris Connect – Managed Tablet customer and there has been excessive 4G data consumption or unusual use of the service; or
(c) we reasonably consider that you pose an unacceptably high credit risk to us.
We consider that you pose an unacceptably high credit risk where there is some doubt as to your ability to pay by the due date based on consideration such as:
- previous payment history and payment behaviour (e.g. late payments, dishonoured payments or failure to pay);
- any previous advice from you about a potential inability or unwillingness to pay;
- your usage is inconsistently high when compared with previous usage patterns; or
- pending bankruptcy or insolvency.
7.10 We can charge you any applicable early termination fee if you are a Tecuris Connect – Managed Tablet customer and we cancel your service before the end of the fixed twenty-four (24) month period under the previous clause.
7.11 We may cancel, suspend or restrict your service if we reasonably believe:
(a) Your behaviour towards us, our customers or our representatives has been verbally or physically abusive, threatening or inappropriate, or amounts to bullying or harassment; or
(b) You have made multiple complaints without a reasonable basis for doing so and you continue to make such complaints after we have asked you to stop.
8. Our liability to you
Terms applying to your service
8.1 Your service is supplied:
(a) on the terms and conditions expressly set out on our website that you used to apply for your service (or that were disclosed to you when you applied for your service) and in Our Customer Terms; and
(b) subject to non-excludable rights under consumer protection laws.
No other terms or rights apply.
Liability and excluded types of loss
8.2 Concerning our liability to you:
(a) except as set out in the paragraphs below, we accept our liability to you for breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws;
(b) as your service is provided to you for the primary purpose of personal use, we do not accept liability to you for losses that result from the use of your service in connection with the conduct of a business;
(c) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
(d) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
(e) we are not liable for any loss caused by us failing to comply with our obligations in relation to your service where that is caused by events outside our reasonable control
After cancellation or suspension
8.3 These provisions relating to liability will continue unaffected by cancellation or suspension of your service.
9. Your liability to us
Liability and excluded types of loss
9.1 You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).
After cancellation or suspension
9.2 These provisions relating to liability will continue unaffected by cancellation or suspension of your service.
10 Security
10.1 Our acceptance of any form of security or advance payment does not affect any other terms of Our Customer Terms.
11 Other matters
11.1 If any term (or part of a term) in Our Customer Terms is void or unenforceable, that term (or part) is taken to be removed from Our Customer Terms and not to form part of them. The remaining terms continue to have full effect.
12 Special meanings
12.1 In Our Customer Terms:
AirWatch Enterprise is mobility management software utilised by Tecuris to support remote Managed Tablet users
Android Device is a mobile device that features an operating system, core applications and middleware and may be a smartphone, tablet PC or any type of mobile device that requires an Android Operating System.
Bring Your Own Device (BYOD) is where the customer uses their own Android device to download the Tecuris App and access Tecuris services.
Charge means a charge specified in Our Customer Terms.
Credit card means any credit or charge card accepted by us as a form of payment from time to time.
Customer means a person who contracts with us for a service (including for supply of that service to another person) or who otherwise acquires a service from us, or who seeks to do either of these.
Excessive or Unusual Use of a service in these Consumer Terms means where there is an excessively high 4G data consumption.
GST means the tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 and the related imposition Acts of the Commonwealth.
Insolvent includes having a receiver, manager, administrator, provisional liquidator or liquidator appointed to you.
iOS is a mobile operating system created and developed by Apple Inc. exclusively for it’s hardware.
Service includes any goods or equipment provided in connection with a service.
Service Agreements means the service agreement pertaining to Managed Tablet or the Bring Your Own Device (BYOD).
Tecuris Connect is the service that provides digital connectivity within a selected and closed group and is offered via a Managed Tablet or a Bring Your Own Device (BYOD).
Managed Tablet refers to a device, chosen, tested, configured, supplied and supported by Tecuris Pty Ltd, as part of the Tecuris Connect (Managed Tablet) offering.
You means the customer.
Appendix 1
Service Agreement
Tecuris Connect – Managed Tablet
Device
Tecuris Pty Ltd (ABN 68 614 810 758) will provide a Samsung Galaxy Tab A 8.0” 16GB 4G device or a device of equivalent processing strength, size and compatibility.
Configuration
The Tecuris Connect – Managed Tablet will be tested, configured and will include all Tecuris Applications, AirWatch and pre-configured websites and apps.
4G Connectivity
Tecuris will install on all Tecuris Connect – Managed Tablets a 4G Telstra SIM card. This SIM card will only operate within the Telstra Australia footprint. The customer is responsible for the maintenance of the 4G SIM Card
Tecuris Connect – Managed Tablet
Tecuris will deliver the Tecuris Connect – Managed Tablet to the address nominated by the customer within ten (10) working days of receiving the order. The customer will receive the Tecuris Connect – Managed Tablet, the power cords and an ‘How to’ guide. The Tecuris Connect – Managed Tablet will be fully configured with the Tecuris App, AirWatch and other selected Apps and Websites defined by Tecuris.
AirWatch
The customer agrees to allow Tecuris full remote access to the device to install new apps and websites, maintain the Tecuris Managed Tablet and troubleshoot any problems experienced by the customer.
Period of Agreement
The period of agreement for the Tecuris Connect – Managed Tablet will be twenty-four (24) months and will be billed monthly in advance.
Early Termination
Early termination of this agreement will be addressed in accordance with our customer terms.
Appendix 2
Service Agreement
Tecuris Connect – Bring Your Own Device (BYOD)
Device
The customer will provide their own device in accordance with Tecuris technical specifications and will be responsible for the downloading of the Tecuris App.
Configuration
The customer will be responsible for the configuration of their device.
4G Connectivity
The customer will be responsible for ensuring adequate 4G and or Wi-Fi connectivity.
Period of Agreement
The period of agreement for the Tecuris Connect – Bring Your Own Device (BYOD) Service will be month-by-month and will be billed monthly in advance.
Termination
The customer may terminate this agreement with thirty (30) days-notice.
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Tecuris Pty. Ltd (ABN 6861810758)
Tecuris Pty Ltd
Suite 10.1, Level 10,
8 West Street,
North Sydney NSW, 2060
