TERMS AND CONDITIONS OF THE FUJI XEROX BUSINESS CENTRE SUNSHINE COAST TECHNOLOGY SUPPORT EXTENSION PROGRAM (TSEP)
The Customer whose name and address appears on the first page of this document will be referred to hereafter as the Customer. Any reference to ‘you’, or ‘your’ also refers to the Customer.
Any reference in singular terms also applies to the plural, and vice versa.
Description of the Service
The Technology Support Extension Program (the ‘Service’) is the provision of extended support and maintenance services related to your Fuji Xerox Multi-Function Device (MFD) and its network capabilities to print, scan and fax to or from various systems and services both internal and external to your local area network (LAN) and telephone outlet.
The service specifically covers the following;
- Print issues related to network connectivity, IP addressing, printer drivers or print management software supplied or installed by FXBC (eg. PaperCut, Equitrac)
- Faxing issues related to PSTN network connectivity (for analogue fax), IP addressing (for server/SIP fax), and fax routing on receipt (eg. fax-to-email) observing the limitations of the model of MFD in use.
- Scan issues related to network connectivity, IP addressing, scan locations, user permissions for SMB, and outbound SMTP[i]
- Outbound SMTP service for sending email via scan-to-email, subject to the Acceptable Use Policy (AUP)
- An SMTP sending account for each MFD enrolled in the service with a nominal sending limit of 15,000 emails per month
The program is not designed to replace local IT support and does not cover diagnosing and repairing;
- customer network infrastructure,
- desktop or laptop PCs,
- portable or mobile devices, or
- connections to the Internet from the local network
unless it relates specifically to changes we have made or that we have recommended to be made.
All customers enrolled in the Service are subject to the terms and conditions of this agreement and the Acceptable Use Policy (AUP) as it relates to both support requests and usage of the System
TERMS AND CONDITIONS OF SERVICE
Changing the agreement
We may change the agreement at any time as permitted by law. Changes take effect at the time of
posting to the FXBC website. We will notify You of any major changes by email or post as necessary.
If you do not agree to any of the changes made, you may terminate this agreement with 30 days notice.
We may collect, use and disclose personal information about you for purposes related to the provision of credit and the Service. You must supply full and correct information as requested. If you do not supply the necessary information or if it is found to be incorrect, we may refuse or limit the Service to you.
We may collect, use or disclose your personal information without your consent to appropriate organisations such as law enforcement agencies when required by law.
Service charges are calculated on a per client basis and are based on the number of devices enrolled in the program, and whether or not there is a provision available for remote support services. Charges are levied according to the following table and are exclusive of GST.
|Devices Enrolled||Remote Support Available||No Remote Support Possible|
|2-3||$13.00 per MFD||$16.00 per MFD|
|4-9||$20.00 + $7.00 per MFD||$30.00 + $7.50 per MFD|
|10+||$40.00 + $5.00 per MFD||$50.00 + $5.50 per MFD|
You must pay the calculated amount in advance for provision of the Service to You. You must pay even if you did not authorise payment, if the service is unavailable or if you are unable to access the service for any reason.
We may offer promotions or offers in connection with the service (special). If you accept a special, the price and terms of the special will prevail until the special expires and then normal charges will apply.
Charges apply if we supply or perform unique services for you at your request. We are not obliged to respond to unique requests for services although we will tell you our reasons for not doing so. Any additional charges for services will be quoted and agreed in writing prior to being levied.
A 2% transaction fee applies to all card payments.
Payments may be made by credit card, debit card or where accounts are offered on credit, on invoice with 14 day terms.
FXBC will charge you any applicable taxes, including any GST.
Complaints and disputes
If you have any complaint you may contact us. If we are unable to resolve your complaint you may take your complaint through other avenues, such as the Office of Fair Trading.
Suspending or cancelling the service
You may cancel the service upon giving us no less than 30 days notice of your intention to cancel the service. If you cancel you are not entitled to a refund on any service credit on your account.
We may suspend or cancel the service for breaches of this agreement or breaches of the Acceptable Use Policy. If we suspend or cancel your service any remaining credit is refundable at our discretion.
We accept liability to You in accordance with applicable law. We may be liable to You in connection with the agreement and the supply or interruption of the service only to the extent provided in the agreement. We are not liable to You for consequential loss.
We may advise on aspects of your IT systems that we are not responsible for managing. In certain circumstances these systems may be required to be altered to allow for the correct and uninterrupted function of services provided by us. We are not liable for the consequences of any changes unless there is a material loss to You that has occurred as a direct consequence of those changes, and the changes have been made exactly as requested.
Where we direct you to make changes to your systems, e.g. adding domain records such as Sender Policy Framework (SPF) entries to allow the SMTP relay to use an email address in your domain, it is your responsibility to ensure these changes are made. If there are any costs involved in making these changes, either directly or indirectly, then We shall not be liable for those costs except where explicitly agreed in writing, and prior to the cost being incurred.
You are liable to Us for the fees of the agreed services at the rate specified for any minimum term noted on the application form. You are also liable to Us for any breach of the agreement causing material loss to FXBC. You are not liable to us for consequential loss that is not a result of something you have done.
Acceptable Use Policy
The purpose of this AUP is to ensure that the integrity of the Service can be maintained at all times for the benefit of all users and You must comply with our AUP when using the Service.
FXBC has been appointed to provide you a managed multi-function device and related outbound SMTP service (the ‘System’) to your place of business, subject to management agreement.
By enrolling in the Technology Support Extension Program and/or by using (including attempted use of) the System in any way, you agree to comply with the terms of this agreement and our AUP.
FXBC may amend this AUP at any time and amendments will be effective as soon as they are posted to our website.
Appropriate use is lawful use and use that accords with this AUP and the courtesies, considerations, conventions, regulations and protocols involved in the provision of the System, other Internet users and regulators.
Inappropriate use is use considered by us to be in conflict with appropriate use above and the expressed main purpose of this AUP. It may be use that offends any relevant regulator or authority. It includes intentional and unintentional acts or omissions regardless of purpose.
Some indicators of inappropriate use are, but are not limited to the following:
- Use of another person’s account or credit card without authority
- Improper challenging of credit card payments to us
- Providing false or misleading information to FXBC when creating an account
- Creating multiple accounts to circumvent usage restrictions
- Illegal, malicious or offensive conduct, including in the creation of user accounts and in any
correspondence with FXBC in a public or private forum
- Abuse of our support staff or representatives in any manner whatsoever
- Transmission or display of threatening, obscene, offensive or abusive materials or any form of harassment
- Conflicts with any published policy of any Government Authority
- Improper probing or phishing of the Service
- Spam, mail bombing, flooding, Denial of Service attacks and any other conduct which overloads or may overload the System or otherwise cause or contribute to reduction in performance.
- Transmission of illegal, fraudulent, copyright or defamatory material
- Reselling FXBC services
- Conduct designed to attract network abuse by third parties
Unique requests for the provisioning of printer connections and/or software installations including printer divers is not to exceed three times the average number of requests for all customers in any given month. In general terms this would usually amount to no more than one (1) request every quarter (3 months) on average.
Suspensions and Terminations
If we believe that you are in breach of this AUP then we may terminate or suspend your account at our discretion. We will make reasonable attempts to contact you prior to or immediately after any suspension of service to give you the opportunity to address the breach however we are under no obligation to contact you before terminating or suspending your account if we believe that it is warranted in the circumstances. If we suspend or terminate your access to the System then any refund or reinstatement is at our discretion.
In all respects we will act fairly. We are not liable to you for any cost, expense, loss or damage of any kind (including but without limitation to, direct, indirect, special or consequential loss or damage, loss of profits, corruption of data, delays or indirect costs) you may suffer or incur in any way arising from your use of the System or the operation of the System itself.
Any dispute, controversy or claim arising from or relating to this Agreement or any breach, termination or invalidity will be addressed in the spirit and practice of modern alternate dispute resolution.
We are the judge of inappropriate use and will use our skills and experience to make determinations. Determinations will be made having regard to the interests of all users, the FXBC team and your management where appropriate.
We warrant only that the System is suitable for the purposes advertised and not for any other specific purpose. By using the System You indemnify us from any claim for loss or damage arising from your use. This indemnity applies even if we have terminated or suspended your account. It also applies to any advice provided by FXBC support team which is provided in good faith.
If we are liable to you for any reason, then our liability is limited to reinstatement of the System.
For any queries or support requests you may contact us using the following means:
- Telephone: (07) 5451 7333
- Email: firstname.lastname@example.org
- In person or by post: 24B Innovation Pkwy, Birtinya QLD 4575
From 8:30am to 5:00pm AEST, excluding Queensland public holidays.
If we cannot deal with your issue by the above methods, then we may brief a support representative who may request access via a remote support session. In the event your issue is not resolved following the remote support session, we may send a field representative to you.
The field representatives are appointed by and trained by us. Field representatives will not set up or manage your computer(s) – this is your responsibility. All field representative are agents or employees of FXBC.
Where possible please email us the issue so we have a clear understanding. Sometimes with accents and language diversity the telephone is not the best communication medium.
A full support ticketing system and policy is in place. Each contact and request for assistance needs to be dealt with in turn and according to priority that we will determine. We will email or ring you back where appropriate using Skype for Business, an Australian landline or an Australian mobile number.
Support issues will be dealt with promptly – we know how reliant you are on the System. We will deal with each request within four (4) hours of ticketing when received during support hours. We will deal with each request received outside support hours before 11am the next day. In many cases we may be able to deal with the issue immediately and will do so when we can. Whether we can deal with it or not depends on a range of issues many of which are outside our control.
The meaning of ‘deal with’ in these circumstances is to at least address the issue and contact you about it. The nature of the issue will determine the ultimate outcome and the time taken to resolve the request.
We do not manage the set up, maintenance and protection of your computer(s) – this is your responsibility. Additionally, we are not responsible for;
- Installing printer drivers on more than five (5) Desktop PCs
- Network or Internet connectivity issues where the connecting hardware (router/switch)
- Is ostensibly consumer grade and designed for home use, or
- Uses 3G/4G mobile data link and Wi-Fi for LAN traffic (i.e. a portable “hot spot”), or
- Does not have a provision for
- enabling/disabling inbound/outbound rules/filters on network traffic, or
- allocating fixed IP addresses to internal DHCP requests (reservations)
- Email services provided by third parties where the service mandates the use of SSL/TLS
- Print quality or “speed” issues[ii]
- Fax quality or “speed” issues
When you contact us we expect that you will have properly investigated the issue to determine the cause. At least you will need to tell us:
- Your company name that holds the support agreement
- The serial number of the connected MFD
- Your contact details including a phone number and email address
- The nature of the problem
- For how long is has been happening
- Details of error messages and any fault codes
- Your credit card, invoice or payment details (if your request is payment related)
- The operating system you are using
Please be patient and polite. We will be.
Maintenance and Service Outages
A notice will be provided on our website relating to any closures or planned or routine maintenance outages. Planned outages will generally be conducted outside of business hours and any outages planned where the Service will be unavailable for more than one hour will scheduled for weekends.
Many outages are beyond our control such as power, equipment failure or trauma (cut lines), outages from major Internet Service Providers or Carriers. We monitor the system 24×7 technically so we will be aware of outages before you in most instances.
We will post information regarding outages on our website (ie potential outages and reasons for outages). If the system is down unexpectedly for longer than five (5) minutes then we will notify affected customers by email, or by telephone in agreed cases.
We can update these Terms and the AUP at our discretion. The updated version will always be available to You from our website http://www.fxbcsc.com.au. We may notify you of any major changes through notice on our web page, by email to you or by any other method that we consider appropriate.
[i] Full cover if using FXBC outbound SMTP service, limited cover for other providers eg. Office 365, or ISP email
[ii] Output quality related to MFD performance is limited to factors that are also present in the copy quality