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Sam the Scan Man Pty Ltd

Web Imaging and Data Hosting Agreement as at 31 March 2005

1. General Information

1.1   These are the Sam the Scan Man Pty Ltd, ACN 095 046 441 ("STSM") Terms and

Conditions for the supply of Internet Web Imaging and Data Hosting Services ("the Service"). These terms apply to you as a user of the Service (“you” or "Customer"). It is intended to ensure that you know your rights and obligations when using the Service.

1.2   Please read these terms and conditions carefully. It is a condition of your use of the      Service that you comply with these terms and conditions. By using the service you agree to these terms and conditions.

1.3   From time to time we will make amendments to our Terms and Conditions by giving you notice of the change or by viewing the Terms on our web site at www.samthescanman.com.au and you will then be obliged to comply with these terms and conditions as amended or cease using the Service.

1.4   This agreement commences on the date the service was commenced and continues until either party terminates by 30 days notice in writing to the other party. On termination or expiry of this agreement for any reason, we may delete or make inaccessible all of your data from any storage media, unless it has been agreed to by prior arrangement not to do so. In any event we will not delete any data without notifying you first.

 

2. Service

2.1   We will assign you a User ID and password which will provide you with access to the Control Panel (which is used by you to configure various features of your Service). We will provide you with Services as per the service level you have selected on your agreement.

2.2   We will advise you of correct operational procedures via email of the technical notes for making changes to your service.

2.3   We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will post details of the scheduled maintenance to the outage notification email list at least 48 hours in advance of the maintenance.

2.4   Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, we will post details of the event to the outage

notification email list after the maintenance has been completed.

2.5   The provision of this service may be reliant on services from external parties, including but not limited to domain name registration authorities and network providers. You are responsible for ensuring any required external services and registrations are maintained, and do not hold STSM responsible for loss of service due to disruption or cancellation of service by these third parties.

2.6   We will archive your data onto backup media on a regular basis for the purposes of disaster recovery as well as offer you the means via our software to create a backup directory of all of your images and associated indexes onto your personal computer. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to reload your data to the STSM Web Site. This process requires that you maintain a recent copy of your data at your premises at all times.

2.7 (a)   If you choose to select the Secondary backup server for your data as part of the agreement, then in the event the primary server fails, you may be notified to switch to the Secondary backup server for continuity. The Secondary backup server is updated whenever changes occur on the primary server and will be as up to date as technically possible. However do note that last minute updates before an outage on the primary server may not necessarily be updated on the Secondary backup server and any changes that may have been missed may require making these same changes again on the Secondary backup server. (b) If you are directed to the Secondary backup server you will be able to retrieve all of your records, however will not be able to update or make any changes to it, until the primary server is available (c) If we determine that the primary server may be unavailable for a period greater than 3 hours, you may be notified to use the secondary backup server to perform all of the agreed services as if it were the primary server and further notified to switch to the primary server when available.

2.8   We will maintain an industry standard firewall to restrict and filter internet packets delivered and sent from the Internet to our servers for the purpose of service security. The configuration will remain compatible with industry standards. Software upgrades will be applied in a timely manner to protect from security risks.

2.9   Information or data sent to or received from the STSM primary or secondary servers is encrypted over a 128 bit SSL connection. Furthermore images are also encrypted to further protect the security and privacy of your information.

2.10   Although STSM will make every effort to protect your data, you recognise that the internet is not a secure medium, and STSM cannot guarantee the security of any data used with the service.

2.11   You also acknowledge that data displayed on your computer screen can be screen captured as an image and printed creating the possibility of a security or privacy breach for which STSM has no control over or of that of your activities and that of your personnel or anyone for that matter that has access to your computer screen.

 

3. Payment

3.1   You must pay for the Service as agreed from time to time. In particular you must pay all Service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected in the agreement. To this end you must pay for the use of the Services as set out in the Master Services Agreement monthly in advance for the use of the STSM Set up Module.

3.2   In addition you must provide and pay for:- a) downloading and on-line search fees and any other charges as selected in the agreement as needed to access the Service; and b) all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.

3.3   You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing period is on a monthly cycle beginning when you register.

3.4   You consent to us obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.

3.5    On registration with the STSM service, your applicable STSM bills will only be issued and delivered to you by the STSM Billing & Payment web site. No paper bill will be delivered to you, unless and until you request a paper bill in accordance with clause 3.6

3.6   You may request that STSM mail you a paper copy of a specific bill via the post as well as your online bill. An administration fee of $5.00  will be charged for this service.

 3.7   It is your responsibility to regularly check the STSM Online Billing & Payment web site for your delivered STSM online bills, which will generally be sent in accordance with normal billing cycles.

3.8   STSM will not be obliged to notify you when a new bill is made available on the STSM web site. As a courtesy, however, STSM will attempt to send you an email notification reminding you that your bill is available for viewing online. It is your responsibility to contact STSM if you do not receive bill notification emails.

8.6   Once your bill is delivered to the STSM Billing and Payment web site, your bill is payable by you by the due date specified in the bill, whether or not you receive, open or read any emails from STSM regarding online billing and whether or not you access or view your bill on the STSM Billing & Payment web site.

 

4. Warranties and Liabilities

4.1   We do not warrant that:

(a) the services provided under this agreement will be uninterrupted or error free; or

(b) the services will meet your requirements, other than as expressly set out in this agreement.

4.2   Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.

4.3   You warrant that:

(a) at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;

(b) you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person;

(c) you will keep secure any passwords used to upload data to the Server;

4.4   You accept responsibility for all information and material you issue over any Service, and indemnifies us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not download or publish or issue any information which is illegal. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.

4.5   You are solely responsible for dealing with persons who access your data, and must not refer complaints or inquiries in relation to such data to us.

4.6   Except as provided in this agreement, we are not liable to you or any other person for:-

(a) any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service;

(b) the content, context or confidentiality of any communications made using the Service.

(c) any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

 

5. Intellectual Property Rights

5.1   You grant STSM a non-exclusive licence to the intellectual property rights of all content and data used in the Service:

(a) for the purpose of providing hosting services,

(b) for the purpose of maintaining backups of the data for disaster recovery,

(c) for the purpose of migrating, converting and manipulating your data into formats required for the hosted services

5.2   The content provided by the customer, its agents and users of the service remains the property of its owners, including any content supplied to STSM through content entry systems, website forms and other data transfer technologies including but not limited to FTP and email once the service has been established.

5.3   You are responsible for ensuring you have correct permission to use download and publish any data and software you supply to STSM for use on the service. You accept full responsibility and indemnify STSM from any legal actions as a result of the use or publication of this data on the service.

 

6. Suspension of Service

6.1   We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:

(a) during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or

(b) if you fail to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

(c) if we feel that the operation of the website or publication of the data puts STSM in breech of any other agreement we have in place with you. In this case you will receive notice of such suspension. The service will be restored upon the breech being remedied.

 

7. Acceptable Uses

7.1   You have responsibilities. It is your responsibility to:

(a) use our service and services in a manner which does not violate any applicable laws or regulations;

(b) respect the conventions of the newsgroups, lists and networks that you use;

(c) respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;

(d) respect the privacy of others;

(e) use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and

(f) refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.

(g) ensure your use of our services remains ethical and in accordance with accepted community standards.

 

8. Unacceptable Uses

8.1   You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws.

8.2   Specific kinds of use are not allowed It is not acceptable to use our service to, amongst other things:

(a) violate copyright or other intellectual property rights;

(b) illegally store, use or distribute software; transmit threatening, obscene or offensive materials;

(c) commit fraud;

(d) gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;

(e) damage, modify or destroy the files, data, passwords, devices or resources of STSM, other users or third parties;

(f) conduct any business or activity or solicit the performance of any activity that is prohibited by law;

(g) make an unauthorised transmission of confidential information or material protected by trade secrets; or

(h) attempt to do any of these things.

8.3   Disruption of the network is not allowed. You may not use the service to interfere with or disrupt other network users, services or equipment. In particular, you must not:

(a) distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists

(`spamming');

(b) send unsolicited commercial messages;

(c) propagate computer worms, viruses and other types of malicious programs;

(d) make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers

 

9. What we may do to ensure that this policy is being followed

9.1   We may monitor the conduct of your account to determine whether this policy is being followed. If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offence or inhibit the enforcement of this policy.

9.2   We will make an effort to contact you. If we become concerned that your use of our service may break the law or that you have not complied with this policy we will attempt to contact you before taking action.

9.3   We may terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may:

(a) warn you by email;

(b) suspend your access to the service;

(c) terminate your account without notice; and/or

(d) notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

9.4   In the event of taking action we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.

 

10. Application and Variation of these Terms

10.1   These terms and conditions are the terms on which we provide the Service to you. These terms constitute the agreement in its entirety and supersede prior agreements.

10.2   We may modify these terms as applying to any agreement, the pricing structure for any Service or the terms of the operation by general notice on a page of the Internet referred to on our Home Page, and any use after that publication will constitute an acceptance of that modification.

10.3   The period of notice we will give you depends on the type of change.

10.4   If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.

10.5   If the change has a detrimental impact on you but is:

(a) required by law;

(b) necessary for security reasons;

(c) to prevent fraud; or

(d) for technical or infrastructure reasons, we will try to give you prior notice of     the change.

10.6   If we change the Terms of Use under this clause 10, you may choose to stop using STSM. Any use of STSM after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.

10.7   We do not have to notify you if we make changes to the STSM website.

11. Termination

11.1   You may stop using STSM services by giving 30 days notice in accordance with the Master Services Agreement.

11.2   We may stop making the STSM service, or a part of the STSM service, available with 30 days' prior notice. Notice may be given in the manner set out in clause 9.3.

11.3   We may immediately suspend, terminate or limit your access to the STSM service if:

(a) you are in breach of the Terms of Use and (i) the breach is something which cannot be remedied, or (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach;

(b) we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to STSM;

(c) the law requires us to do so;

(d) we believe on reasonable grounds that providing access to STSM to you is illegal or may become illegal;

(e) the Australian Competition and Consumer Commission issues a competition notice relating to STSM or we believe on reasonable grounds that it will do so; or

(f) there is an emergency.

 

Privacy Policy

Sam the Scan Man Pty Ltd commitment to protect your private information
 

In line with the Australian Privacy Act 1988, Sam the Scan Man Pty Ltd operates according to a strict policy that covers privacy and security on the internet and in our offline business practices. Sam the Scan Man Pty Ltd complies with the 13 Australian Privacy Principles contained within the act.   

These are:

  • Open and transparent management of personal information
  • Anonymity and pseudonymity
  • Collection of solicited personal information
  • Dealing with unsolicited personal information
  • Notification of the collection of personal information
  • Use or disclosure of personal information
  • Direct marketing
  • Cross-border disclosure of personal information
  • Adoption, use or disclosure of government related identifiers
  • Quality of personal information
  • Security of personal information
  • Access to personal information
  • Correction of personal information

In line with the act, this privacy policy discloses how Sam the Scan Man Pty Ltd manage information you provide us.    You can contact our Privacy Officer by emailing samg@samthescanman.com.au for more information on this policy.

 

Collection of personal information

Sam the Scan Man Pty Ltd need to collect personal information for the purposes of performing business transactions.  This information is collected with your knowledge and consent, and includes:
  • Your business name, ABN, business address, and contact information.
  • Any service-specific information, including technical and business specifications.
Our websites, email systems and other technology record information about all site visits or messages sent to us. The information is recorded automatically and includes:
  • The IP Address of your computer
  • The date and time
  • The information you requested
  • Any information you sent us (such as an email)
  • The referring page from where you initially entered our website
  • The session identifier of your last visit to our website
 

For authenticated users of our services such as our extranet, our webmail system or our hosting control panel, we also record your username in order to provide you with the service.

Use and disclosure

Personally identifiable information is only used for the purpose it was collected. This allows us to provide our services to you. If you decide to cease dealing with Sam the Scan Man Pty Ltd you can request all of your information to be destroyed.

 
Your personally identifiable information is also used to conduct credit checks with credit organisations if you decide to purchase any Sam the Scan Man Pty Ltd services.

 
Other non-personally identifiable information such as server logs are used to maintain our services and to provide broad statistical analysis of our website performance.

 
We may use the information we collect for our own promotional activities in order to offer you services that may suit you. You can opt-out of all communications.

No information collected at Sam the Scan Man Pty Ltd is transferred or sold to third parties for the use of promotional marketing.

 

Accuracy of information

You can contact us to view and amend any of the information we store about you by emailing samg@samthescanman.com.au     Sam the Scan Man Pty Ltd require accurate information to provide you with our services.

 

Protection of information

Sam the Scan Man Pty Ltd offer protection of your information in the following ways:

  • All sub-contractors that deal with Sam the Scan Man Pty Ltd and are exposed to your information are required to have a non-disclosure agreement in place with Sam the Scan Man Pty Ltd
  • All staff have non-disclosure agreements with Sam the Scan Man Pty Ltd
  • All sensitive information, such as credit cards and Commonwealth Government Identifiers, are stored on a computer system with limited staff access. This computer system is inaccessible from the internet.
  • No sensitive information is kept on servers accessible from the internet
  • All confidential information relating to any services we provide is stored behind industry-standard firewalls to protect from unauthorised access. You can request that we not use the internet to transmit or store this information.
  • Any sensitive information on hardcopy is stored in lockable filing cabinets, and is shredded when it is no longer needed.

 

Policy

A Privacy Officer has been appointed to manage privacy within Sam the Scan Man Pty Ltd, and can be contacted at samg@samthescanman.com.au

 

Access to information

Upon request we will provide you with all the information we have collected from you.  We may charge a fee to provide this information if it involves over one hour to prepare.

 

Use of Commonwealth Government identifiers

Sam the Scan Man Pty Ltd use ABNs for all businesses that we provide our products and services. This information is used to conduct business checks on your organisation. This information is stored offline, inaccessible from the internet.

 

Anonymity

Sam the Scan Man Pty Ltd cannot provide services anonymously as we require identifiable information to technically set up all the services we provide. However we can provide pre-sales information such as quotations and analysis anonymously. Please specify this when you make initial contact.

You may also anonymously browse our publicly-available content on our websites by choosing not to log in or register. Personally-identifiable information is only collected with your consent, or when you send us information such as in an email or website form.

Sam the Scan Man Pty Ltd is bound by other legislation that requires us to disclose internet activity by our users upon request from certain government departments such as ASIO or the federal police. Sam the Scan Man Pty Ltd will only supply information to these authorities when required by law.

 

Transfer of information

Sam the Scan Man Pty Ltd will occasionally transfer information to third parties for the purposes of providing services to you. This sometimes occurs automatically, as we rely third parties to provide some of our technical services such as credit card processing.

All businesses we deal with have a privacy policy that protects your information according to the Privacy Act 1988, or have a non-disclosure agreement in place to ensure your information is protected.

Sam the Scan Man Pty Ltd will not transfer information to a recipient in a foreign country if the information will not have appropriate protection.

 

Consent

Sam the Scan Man Pty Ltd does not collect personally-identifiable information without your consent. For our websites you provide consent by clicking ‘submit’ on any web-based form.  

Before we commence trading with customers we will require you to provide personally-identifiable information to us. Your consent is given by signing and returning any service application forms or proposals.

If you do not wish for us to hold any personal information, please let us know by contacting the Privacy Officer at samg@samthescanman.com.au

 

Further information

Contact Sam the Scan Man Pty Ltd’s Privacy Officer by email at samg@samthescanman.com.au  or by phone on +61 3 8345 9200 for more information on this privacy policy.

 
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