Remote LIVE! - Terms & Conditions of Service

Remote LIVE! Terms & Conditions between Stylin Software Pty Ltd (ABN 64 115 170 691) ("Stylin Software" or "us") of 22 / 350 Settlement Road Thomastown, VICTORIA. 3073 and the subscriber ("you")

The terms and conditions set out below, govern your subscription for our Remote LIVE! services (Remote LIVE! Subscription) and form a binding agreement between us and you.

1.0 Term:
This Subscription Agreement commences on the day that you sign up for your Remote LIVE! Subscription and expires 12 months later, unless terminated earlier. Please note that, other than in certain circumstances if we are in breach of our obligations, you have no right to terminate this Subscription Agreement at will.

2.0 Our obligations to you:
Provided that you have complied with the requirements in clause 6 at all relevant times, we will provide you with the services described in clauses 3 and 4 (Remote LIVE! Services) during the term of this Subscription Agreement. You may request Remote LIVE! Services during the term of this Subscription Agreement by ringing us on 1800 789 546 during the hours set out in clause 5(c) below.

3.0 Remote LIVE! Services:
The Remote LIVE! Services are remote and telephone support services to help:

(a) troubleshoot problems with your Nominated Computer by:
(i) diagnosing what is wrong;
(ii) providing advice on simple fixes and
(iii) if appropriate:
(A) reinstalling software;
(B) removing unwanted and/or unnecessary programs and files;
(C) scheduling a defragment of your hard drive; or
(D) analysing your Nominated Computer's start up process;

(b) remove viruses and spyware from your Nominated Computer and update your existing internet security installation;

(c) with networking for your Nominated Computer by:
(i) troubleshooting your existing home network to find out what is wrong;
(ii) connecting your computer to your existing home network;
(iii) configuring your computer to access any shared directories or printers already existing on your network; and
(iv) making sure you can access the internet through your network; and

(d) install new devices on your Nominated Computer by:
(i) walking you through how to install hardware on your computer;
(ii) walking you through how to install software programs on your computer;
(iii) walking you through installing relevant drivers and software to make the device work; and
(iv) testing your hardware to ensure it is working properly.

4.0 Exclusions:
The Remote LIVE! Services do not include:

(a) hard drive formatting or operating system installation;

(b) the provision of new or replacement hardware or software;

(c) fixing bugs inherent and engrained in certain types of software;

(d) new network set ups;

(e) installation of internal hardware or hardware that requires an on-site visit to install;

(f) instances where the compatibility of the system to the software is in question;

(g) instances where the system configuration is invalid or not supported by the manufacturer of the device/application;

(h) virus and spyware removal where the nominated computer is not running up to date licensed and paid for anti-virus and anti-spyware software.

(i) any on-site services;

(j) software upgrades or new software releases;

(k) scripting, programming, database design or web development;

(l) training or instruction in how to use features of a software program other than as required to address the current technical problem;

(m) advanced network services such as configuring port forwarding, installing new network equipment or connecting your computer to a virtual private network;

(n) situations where the manufacturer of the application or technology is unable to, or has not yet, provided a solution to a problem;

(o) back-up services; or

(p) parts, labour or other costs associated with the repair of your Nominated Computer.

5.0 Supply of Remote LIVE! Services:
The Remote LIVE! Services are:

(a) remote and telephone support services only;

(b) provided to a single nominated home computer only (Nominated Computer) via our remote access tool which will be connected to your Nominated Computer using your broadband connection; and

(c) only provided from 9am until 5pm (AEST) Monday to Friday.

You may only change the computer that is your Nominated Computer:
(i) if that computer has been disposed of and replaced with another computer; and
(ii) by requesting that transfer in writing.

6.0 Your obligations:
You must:

(a) have a broadband connection (with a minimum connection speed of 256k) that permits us to connect our remote access tool to your Nominated Computer;

(b) follow our instructions to download necessary software on your Nominated Computer to enable the remote access tool to connect;

(c) back-up all files that you wish to maintain before you call us for your assistance;

(d) have "administrator" rights and access to your Nominated Computer;

(e) provide your subscription details when you ring us to request Remote LIVE! Services;

(f) follow and accept the instructions, suggestions and advice of our professional support personnel during calls;

(g) be an Australian resident who is physically located in Australia (with your Nominated Computer) at the time of your call;

(h) comply with the fair use policy set out in clause 9; and

(i) ensure that your Nominated Computer:
(i) meets the minimum hardware specifications for running Windows XP, Windows Vista or Windows 7;
(ii) runs Windows XP, Windows Vista or Windows 7 as its operating system;
(iii) has the most up-to-date service pack installed on it as soon as possible after its release date, and in any event within 3 months of that release date;
(iv) has the latest operating system updates installed;
(v) have legitimate copies of all software on your Nominated Computer, as well as all installation disks/media and product keys ready to use when you ring us about a problem; and
(vi) is running up-to-date, licensed and paid for anti-virus and anti-spyware software.

7.0 Consents and authorisations:

(a) You consent to us accessing and controlling your Nominated Computer using our remote access tool in order to provide the Remote LIVE! Services to you.

(b) You hereby authorise any and all access to, modification of, or impairment to your data, systems or electronic communications that occurs as part of our provision of the Remote LIVE! Services and agree that we are entitled to carry out the Remote LIVE! Services in accordance with this Subscription Agreement.

(c) You hereby permit and licence us to use and reproduce any and all copyright material contained in your Nominated Computer (including its systems, programs and data) for the sole purpose of providing you with the Remote LIVE! Services.

(d) You warrant to us that, at all times during the term of this Subscription Agreement:
(i) you are the owner, or have the right to control the use of, the Nominated Computer;
(ii) you are the owner or the licensee of all copyright subsisting in the systems, programs and data in the Nominated Computer; and
(iv) you have the right to grant the consents, permissions and licences granted in this clause 7.

(e) You acknowledge that some problems cannot be fixed over the telephone.

8.0 Payment:
Your Subscription Fee is payable, via credit card only, at the time that you sign up for your Remote LIVE! Subscription.

9.0 Fair use policy:
Excessive, unreasonable or fraudulent use of the Remote LIVE! Services may impact the quality and reliability of the Remote LIVE! Services. To ensure this does not occur, you must comply with our Remote LIVE  Fair Use Policy.

10.0 Privacy:
Any personal information collected by us during your Remote LIVE! Subscription will be dealt with in accordance with our Privacy Policy.

11.0 Liability:
To the full extent permitted by law, we expressly exclude all warranties, conditions, guarantees and representations (whether express or implied) under statute, law, equity, trade custom, prior dealings between you and us or otherwise in respect of goods and/or services that may be provided by us to you under this Subscription Agreement. To the full extent permitted by law, we will only be liable to you up to the amount of the fees and charges paid by you to us under this Subscription Agreement.
Some warranties and guarantees are implied by law, and cannot be excluded by us, except to a limited extent. To the extent we can limit such liability, we limit our liability to (at our election):

(a) in the case of goods, at our election, to the cost of:
(i) replacement of the goods;
(ii) supply of equivalent goods;
(iii) payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the repair of the goods or payment of the cost of having the software repaired.

(b) in the case of services supplied to you, at our election, to the cost of:
(i) supplying the services again; or
(ii) the payment of the cost of having the services supplied again.
To the full extent permitted by law, under no circumstances will we, any related entities or any third party provider engaged by us be liable to you or any other person for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided by us.

12.0 Governing Law:
This Subscription Agreement is governed by the laws of Victoria.