Extra Care - Terms & Conditions

About ExtraCare Subscriptions

NTech Media ExtraCare is a subscription that clients of NTech Media are invited to take up to help manage their support arrangements and ensure they take advantage of the latest features and benefits our products offer.

While NTech Media ExtraCare cannot be purchased on a component-by-component or component-by-component basis the good news is that we offer special rates when more than one product is covered.

NTech Media software is sold on a modular basis. NTech Media ExtraCare must be purchased for all components licensed and not for selected components.

For example, NTech Media’s PrimeTime Content Management System is a one example of a component. It is not possible for to purchase NTech Media ExtraCare for only for PrimeTime if you are also using NTech Media’s eMail List Manager. You will need to have overall subscription covering all NTech Media software or components in your solution.

ExtraCare for eMail List Manager (a hosted service) includes 12 months hosting (and renewal of that hosting when ExtraCare renewed). eMail List Manager accounts that do not have an active ExtraCare service will not be hosted or active any longer if the ExtraCare for the eMail List Manager is not renewed or lapses for whatever reason.

NTech Media can, upon giving written notice to the client, cancel the client's NTech Media ExtraCare subscription. Where pre- paid NTech Media ExtraCare applies, a refund of the unused portion of the pre-payment for the period from the cancellation date up to the end of the pre-payment period may be made, minus an administration fee which will not exceed 20% of the original subscription amount.

A refund cannot exceed 100% of the pre-paid amount. The services, software updates, discounts and benefits provided under the NTech Media ExtraCare subscription are not available to clients that have not maintained a current NTech Media ExtraCare subscription, and cannot be transferred.

ExtraCare covers support in the use of the covered systems and does not cover the extension, modification, adjustment or customisation of those systems.

Software and Services

NTech Media continues to invest substantially in development of software and services. This investment assures the ability of clients to benefit from present and future technology.

These notes describe the range of services and the - price basis for sharing of costs. They also define the sharing of responsibility and arrangements appropriate to continuing stable service.

NTech Media provides a range of software to assist clients to realise their online strategies. NTech Media software includes:

PrimeTime Content Management System
eMail List Manager (hosted service)
eReserve
RapidPrint
…
Managed Website Hosting
Premium Custom Website Hosting

These products are referred on this page as NTech Media software, the software or services. NTech Media ExtraCare coverage can be purchased for all NTech Media software offerings.

NTech Media ExtraCare fees may incorporate Software Maintenance Fees in relation to third party software components that are provided as part of an overall solution. Where third party software components are used as part of an overall solution provided by NTech Media, the software license conditions and software update policies of the third party software provider apply to that software. Examples of third party software include relational databases, operating systems and document management software.

Obtaining Support

ExtraCare support is obtained by sending an e-mail to support@ntechmedia.com.

A member of the NTech Media support team will respond to you within 3 hours if your request is sent during normal support hours.

Alternatively you can call 1300 790 619 to log a call for the NTech Media support team.

In either instance, please include:

Your name:
Your contact information (phone and email):
Your ExtraCare Account name:
The site or system you require assistance with a brief description of the issue.

Included Support

Included support under ExtraCare is for the first 15 minutes of each issue. After this time, a Request for Professional Services may be required. Professional Services will be charged at NTech Media’s prevailing hourly rates, with a minimum per instance of 1 hour.

Included support is not available where your ExtraCare subscription fee or project cost has not been paid.

ExtraCare Fees and Renewals

ExtraCare is included for up to 12 months beginning when your NTech Media software is commissioned.

ExtraCare renews annually on 1 June and the fees are based on a proportion of the licensing fee of the subject software or system, as determined by NTech Media. You will be invoiced for your ExtraCare renewal on or around 1 June each year on a 30 day invoice. You may choose to have your ExtraCare subscription fees debited automatically from your credit card or bank account.

ExtraCare fees will be pro-rated in the first year of renewal based on when your project was commissioned.

ExtraCare Upgrades

ExtraCare includes upgrades of your NTech Media software where new or updated versions are released. ExtraCare for eMail List Manager includes the renewal of the eMail List Manager hosted service for 12 months.

Upgrades will be applied at a time designated by NTech Media.

Upgrades may not be applied where, after expert assessment, your current site, data or hardware or software will not be compatible with new versions.

Consulting, development or redesign work to enable your site to be upgraded can be provided to you on a professional services basis.

Comprehensive Scope of Services

The growing number of NTech Media clients has helped define the range of NTech Media software functions. This experience has also enabled NTech Media to identify the services needed for the client's successful adoption of new technology. This includes, of course, advice on selection, preparation, installation and continuing effective use of new systems.

Information technology implementations demand complex and sophisticated but widely different skills, rendering uneconomic the manufacture of software in most organisations. NTech Media employs the spectrum of information technology skills for research, development and service.

We offer a range from which the individual client may select a total service package. The resulting solution is tailored to suit the client's needs and plans.

Licensed Software

The client is granted a license to use selected NTech Media Software. Such software includes systems, designs, programs, screen displays, manuals, training materials and all other manifestations of the system whether in printed, electronic, or other form.

The client acknowledges that NTech Media systems, software and materials are copyright, and that rights thereto are the exclusive property of NTech Media.

The client undertakes to prevent copying of or access to the material or system by any other parties except the client's trained staff, NTech Media staff, or professionals approved in writing by NTech Media.

NTech Media may offer and the client may agree to acquire its right to use the Software by payment of a one-time license fee or as otherwise agreed in writing.

Rights to use of software terminate automatically in the event of any breach by the client of any obligation including payment, under these arrangements.

Notwithstanding the other clauses relating to software licensing, the client does not have the right to onsell or transfer the ownership of the NTech Media software licences unless by written permission from NTech Media.

The client undertakes to return all software material supplied by NTech Media and any copies thereof, upon termination for any reason of the agreed use of the system.

System Specification or Proposal

Modular Use and Other Savings

The client may select NTech Media software components and or components required for use in the subject installation. No charge shall be made for components not selected or not provided.

The client may later select further software or components upon payment of the appropriate NTech Media software license, installation and other fees.

The client shall pay an agreed price based on the standard charges determined by NTech Media for each software component or component selected.

No refund applies if the use of the system is discontinued for any reason.

Specialist Consulting and Tailoring to the Client's Needs

NTech Media specialists offer a total service to create a tailored system for the client, and then to assist in its effective installation and continuing effective use.

The services may include:

• Familiarisation of staff with the planned operation, and management aspects of the new NTech Media system.


• Tailoring of programs and systems with the client's names, accounts, system components, security, coding and information requirements.


• Advice on methods, planning and timetable for the changeover from the old system to the new. Training of staff either on-site or by telephone.


• Provision of business process or software usage review.

These and other services are provided on a professional time basis as requested by the client and subject to availability, under the conditions described herein.

Organisational Change and Business Process Improvement

The introduction of a new business system requires commitment and hard work on the part of the client and their staff in order to achieve the Organisational and business process improvement objectives of the client.

An online system is made up of more than just software and hardware. An effective business system requires competent and trained staff, clearly written procedures, accurate data and management of the transition from the old approaches and tools to the new.

If the training, documentation of procedures and ongoing supervision of staff is not handled effectively by the client's managers and stakeholders then the transition to the new system may not achieve all of the desired outcomes.

Unless otherwise specified in the proposal, the scope of NTech Media services is to provide the services required to successfully install the software, demonstrate its effective operation and train staff in accordance with NTech Media’s training materials.

NTech Media can further assist by providing onsite-consulting services to augment the management advice and day- to-day planning and control resources of the client in relation to change management and business process improvement. These services are available on a professional basis and can be specified in a separate specialist-consulting proposal.

Orders and Delivery

Orders for NTech Media systems must be on the form provided by NTech Media, accompanied by the requisite deposit. NTech Media will endeavor to allocate and deliver in accordance with client's requests and in priority of receipt of order. NTech Media shall not be responsible for delays arising from any cause.

Delivery costs for any physical component are the client's responsibility.

NTech Media software is developed by NTech Media in Australia according to the NTech Media research and development timetable. Such developments require a substantial investment in time and effort and depend on the availability and effectiveness of hardware, components, operating systems software and web browsers and host servers. The supply of different software components to operate effectively on various platforms, computers and browsers frequently requires the research, discovery, and resolution of unknown factors, which may affect delivery availability.

NTech Media may from time to time announce projected release or availability dates for software. However, NTech Media shall not be held liable for delay or failure to comply with projected delivery dates regardless of cause.

Scheduling

Licenses and Names

Installation shall be considered to be the initial commissioning of the software for development of your solution.

NTech Media ExtraCare Service Arrangements begin and apply to all continued use of the software; and following payment to NTech Media of all out of pocket, other costs, and license fees and service fees. NTech Media reserves the right to audit the client's systems for compliance with the NTech Media ExtraCare Service Arrangements.

Warranty and Exclusion

The client acknowledges that it is the responsibility of the client to prepare a detailed statement of the client's functional requirements prior to purchasing the software. The client acknowledges that assessment of the suitability of the software in relation to the functional requirements of the client has been done by the client prior to signing an NTech Media order form. Unless specifically described and agreed in writing by NTech Media, the functionality to be delivered by NTech Media is limited to the functions present within the software at the time of the client signing the NTech Media Order Form. Any additional functional requirements or customisations sought by the client after installation of the software may be provided at NTech Media’s discretion on a professional basis at NTech Media’s consulting rates.

NTech Media warrants that, provided it is used in accordance with instructions, the NTech Media software will function according to the requirements agreed to between NTech Media and the client.

NTech Media’s responsibility is limited to testing, rectifying if necessary, and returning the system materials with samples, which demonstrate the performance of the NTech Media system is consistent with the requirements supplied by the client or agreed between the NTech Media and the Client..

Warranty shall extend for three months from the date of system delivery provided that:

• Any hardware and other software has been installed in accordance with NTech Media specifications;
• The system is used in accordance with NTech Media recommendations;
• Each component is covered by a continuing warranty or maintenance agreement with the manufacturer or authorised agent or distributor agreed by NTech Media.

NTech Media gives no warranty on hardware, operating systems or other software or components, nor on customised work performed by any persons to operate on third party applications or operating systems. NTech Media does not provide warranty for any work performed on or adjustments made to any NTech Media product or system by anyone other than authorised and approved NTech Media staff.

NTech Media may, on request, advise the client on interaction and other matters as well as methods for use of the NTech Media system. The suitability of the approaches and methods will vary from project to project depending on their particular requirements and characteristics, and must be assessed by the client.

The client undertakes to ensure that the NTech Media system is used in accordance with instructions and acknowledges that the functions of careful day-to-day control, and operation of the system to ensure conformity with statutory requirements, security, and systematic checking for accuracy can only be performed by the suitably qualified members of the client’s staff and are, of necessity, the client's responsibility.

The client accepts responsibility for continuous checking and supervision of the use and security of the system, and to maintain or subscribe to adequate security and back services.

The client acknowledges that the effectiveness of the system and the quality of information produced will depend on the competence of the client's staff and system operators in adhering to proper procedures, and the efficiency with which the system is used and supervised. NTech Media accepts no responsibility, consequential or otherwise, for any error, failure, delay, additional cost, misuse, incorrect data or output which results from inefficient or incorrect use of the system, inadequate control, back- up or audit, hardware malfunctions, accident or any other cause.

System Integration and Maintenance

Business Systems

It is generally accepted that a Business System consists of elements including ...

Software (application and operating systems):
Hardware;
Trained people;
Procedures;
Data; and
Disaster prevention and recovery procedures.

If any one of these elements is not effectively implemented or maintained by the client within the planning and ongoing management of the client's operations, the "Business System" may not function effectively or deliver the results expected by the client.

NTech Media provides software and services to assist the client to implement a Business System.

The ongoing planning, review and maintenance of the client's business systems is the responsibility of the client.

Effective maintenance of the computer hardware and operating systems software is a precondition for reliable system operation. NTech Media recommends that the - client enter separate maintenance arrangements (where not already provided for by NTech Media) with NTech Media, or the hardware manufacturer or authorised system integrator or contractor in respect of each contract.

Continuous hardware reliability will help to ensure maximum availability at all times. It will also enable the enjoyment of full warranty benefits and the most economical maintenance and development.

Other than when using an NTech Media hosting solution, it is the client's responsibility to maintain its operating system software in accordance with the latest manufacturer releases, only after consultation with NTech Media. Where a client has sourced hardware and or operating system and or other applications software independently of NTech Media, it is the client's responsibility to arrange access for NTech Media to appropriate copies of the operating system and application software and hardware required for testing, diagnosis and rectification. The client acknowledges that NTech Media’s responsibilities under warranty and NTech Media ExtraCare are limited to NTech Media software. When the client requests NTech Media to diagnose, rectify or repair any incompatibility caused by components supplied by others, the client agrees to pay NTech Media professional costs.

Changing requirements and expectations of the client and its staff.

• New features in operating system software and application software that require additional memory or CPU capacity in order to make new product features available to users.
• Integration between disparate systems.
• Growth in user numbers, data volumes and network traffic.
• Limitations within the planning and implementation of hardware or network components by the client.

NTech Media takes no responsibility for the ongoing suitability of the client's hardware or network facilities. Where NTech Media supplies hardware, the manufacturer's warranty applies.

Consulting Advice

Development of NTech Media systems resulted from liaison with many hundreds of clients in Australia and overseas. The research and planning of the NTech Media system has provided NTech Media staff with insight into the needs of clients. Solutions for project management, information processing, and profitability are understood in practical terms.

In many instances NTech Media has been privileged to assist users to change to second, third and fourth generation systems to cater for the growth of the Client’s project. The advice of NTech Media specialist staff, with this practical background of skill and experience, is available on a consulting basis. Fees are based on time spent. Detailed information is available from NTech Media consultants and representatives.

NTech Media ExtraCare Subscription

NTech Media ExtraCare applies only to the software products for which NTech Media ExtraCare coverage has been purchased and whilst the prescribed fees are paid in full.

NTech Media ExtraCare provides a range of services to assist the client to maintain effective use of NTech Media systems for an economical periodical fee. The agreed software services are summarised on the NTech Media ExtraCare Order Form. The services are available during the hours published by NTech Media from time to time. NTech Media ExtraCare provides protection and security through support services and rectification of issues within the control and normal operational activities of NTech Media Software.

NTech Media ExtraCare may include:

The benefits of NTech Media research and development of technological tools for the better management and productivity of a client project.

NTech Media Software updates in relation to the NTech Media software for which NTech Media ExtraCare coverage has been purchased and kept up to date, containing enhancements and improvements in licensed components, which are supplied as and when available.

Access to the NTech Media ExtraCare telephone or email support service for trained users and administrative personnel to request assistance of NTech Media advisers in relation to the software for which NTech Media ExtraCare coverage has been purchased and kept up to date.

At NTech Media’s discretion, preferential rates on the purchase of new or additional NTech Media software licences and products for which the client is not already licensed.

Priority response to calls made to NTech Media Helpline in relation to the software for which NTech Media ExtraCare coverage has been purchased and kept up to date.

The NTech Media ExtraCare fee is calculated for each component of NTech Media software licensed to the client project. The fee is based on NTech Media standard rates, and is payable in advance. The standard rates may be varied on 30 days notice in writing.

NTech Media ExtraCare excludes items falling under the following headings for which the client agrees to pay the applicable licensefees and/or service fees at NTech Media professional rates:

NTech Media software that may be introduced as new products in the range and for which the client is not already licensed and paying NTech Media ExtraCare. Support of untrained staff.

Work performed as a result of failure or unsuitability of manufacturer operating systems, peripherals, support services or software, hardware and components, or other materials or services not supplied by NTech Media.

Advice on the use or configuration of any hardware, operating system, utility or software supplied by a third party including but not limited to modems, printers, file systems, user permissions, system housekeeping, file backups and file or data restoration or repair attributed to any cause.

Helpline services or software updates for software for which NTech Media ExtraCare has not been purchased or where subscription payments have been cancelled or are not up to date.

Failure to keep operating system software up to date. Installation of changes to hardware or operating systems or other system components.

GST or other taxes.

Travelling time fees and all out of pocket costs of representatives.

Disks, tapes, media, freight and other response communication costs including ISP, Internet, data storage and telephone calls, teleconferencing fees, web conferencing fees incurred in response to Helpline requests or during the completion of project tasks.

NTech Media ExtraCare begins automatically upon commissioning, unless agreed otherwise on the NTech Media Order Form. The benefits continue as long as payment of invoices is made within the terms stated thereon. If NTech Media ExtraCare is allowed to lapse or payments are in arrears, any form of service or support requested by the client will be chargeable at the non-NTech Media ExtraCare consulting rates or support rates as may be applicable.

Upgrade or updates to third party software or hardware that may be required to use the NTech Media software, Where the solution provided by NTech Media includes third party software components, the client must ensure that the applicable software license fees and ongoing maintenance fees are paid. Unless otherwise agreed in writing by NTech Media, the software licence, support and update policies of the third party supplier apply to these products.

The client's signature on the initial NTech Media Order Form is suggicient for periodical invoicing of NTech Media ExtraCare. Timely payment of invoices will ensure continuity of service. Subsequent variation or cancellation shall be in writing 30 days in advance of effective date.

Growth and Upgrade

The following upgrade services are provided at economical professional rates:

Planning and feasibility study for system upgrade;
License extension to more powerful hardware or expansion of project size;
Installation and training;
Data processing to transform data files from the old hardware and software to the new. The client acknowledges that the conditions of such processing require the client to accept responsibility to maintain rigorous control and checking to ensure accuracy both before and after file transformation.

Integration and Customisation

Clients must not undertake system integration or introduce system modifications that will write to a NTech Media system database without NTech Media’s written consent. Time spent by NTech Media considering the request of a client for integration customisation or interface to third party systems or other software or systems will be paid by the client at NTech Media’s professional rates.

NTech Media may assist the client on a professional basis, subject to availability of resources and prior project commitments.

Disaster Prevention and Backup

It is the responsibility of the client to ensure that effective disaster prevention, backup and disaster recovery process is put in place.

Clients must ensure that they do a complete backup of their systems and prove the efficacy of the backup prior to installing any software update.

It is the responsibility of the client to prove the efficacy of its backup process and media by conducting regular backup and restore testing procedures.

NTech Media takes no responsibility for the results achieved by clients in relation to the client's backup and disaster, prevention or recovery processes.

The client must pay for all of NTech Media’s time and out of pocket cost spent responding to any disaster recovery or backup restoration event.

Backup and Restoration

Payment

Traveling, freight and all out-of-pocket expenses of NTech Media staff are the client's responsibility. Prices are based on current list prices and rates of Exchange, Duty, and Government Taxes at the time of supply. The client shall pay the total price of the system to NTech Media by way of initial deposit with order, and the balance before delivery of hardware and/or software to the client's site or within seven days of NTech Media having notified the client of the readiness of the system for installation, whichever is the earlier.

License entitlement to use NTech Media software and other components including title to hardware will only pass upon receipt of payment in full together with interest by NTech Media. Payment for other goods and serices shall be due before delivery or by special arrangement within seven days of date of invoice. The client acknowledges responsibility to pay interest on all overdue accounts at a commercial rate nominated by NTech Media.

For those services components, such as ExtraCare, that is provided on a subscription basis, use of the software is available to the client for only so long as the subscription fees remain paid and up-to-date.

NTech Media shall be entitled to withhold supply and performance of services, and to retake possession of hardware, software or goods not paid for while payment conditions are in breach. NTech Media or its authorised agent shall be entitled to enter premises in which such material is reasonably believed to be located in order to secure possession.

Variation and Law

These Service Arrangements reflect the only basis upon which goods and services are provided by NTech Media.

Regular changes in technology require NTech Media to introduce changes to systems. Other changes and reports from users enable improvements and enhancements to be introduced. Changes in the commercial and supply projects of technology component suppliers also cause changes. Since NTech Media software systems are continuously evolving, the developers reserve the right to make changes without notice.

To maintain clients at the forefront of the changing technology, NTech Media ExtraCare Service Arrangements are revised from time to time and take effect after 30 days notice. Any variation from the published Service Arrangements must be in writing and signed by both parties. Orders may only be made on the NTech Media Order Form attached with supplied quotes and duly signed by the parties.

The laws of the State of New South Wales, Australia shall govern agreements for the supply of products or services by NTech Media.

NTech Media reserves the right to decline to provide software and service to any client that is not prepared to pay NTech Media’s fees or follow NTech Media’s advice and recommendations in relation to their NTech Media software.

Privacy and Confidentiality Policy

NTech Media intends to fully comply with the Privacy Act and has adopted the National Privacy Principles as its policy in its dealings with the information you provide to us.

NTech Media necessarily obtains information about its clients, their personnel and their operations for the purpose of providing service and support in relation to their project management systems provided by NTech Media.

Information gathered by NTech Media is limited to the names, telephone and email contact details of the authorised representatives of its clients and the data required to give effect to the software licences and service commitments purchased by clients under the NTech Media ExtraCare arrangements.

NTech Media undertakes not to provide the information it has stored in its systems to any third parties without the prior written permission of its clients except as may be required by law.

NTech Media may use electronic mail to share knowledge and news about NTech Media products and relevant technologies, however you may opt out of receiving such information if you so choose. You can contact us via our website at www.ntechmedia.com or by phone at +61 (0) 2 66 222 725 to request this.

NTech Media only uses client's contact information for the purpose of disseminating legitimate business information that relates to the commercial relationship that exists with the client and to ensure effective commercial transactions and information sharing between NTech Media and its clients.

Access Codes and Login IDs

NTech Media may issue NTech Media ExtraCare subscribers with login IDs, passwords and access codes that are used by clients to make use of NTech Media support and Internet-based NTech Media support systems. To prevent unauthorised access to client information, it is the client's responsibility to ensure that these codes are not given to persons other than the authorised staff of the client.

In the event that staff members leave or the client requires the login IDs, passwords or access codes to be changed for any reason, the client must contact the NTech Media support team in writing to request the change to their login ID, password or access code to be made.