Terms of Service

1. Terms of Service

The terms and conditions contained in this Terms of Service (Terms of Service) constitute a legally binding contract between Itype Pty Ltd ACN 659 205 062 (iType4schools, We, Our, Us and other similar terms) and apply to the contractual arrangement with you (Client, School, You, Your and other similar terms), Your and Your Student’s use of the iType® program (iType®).

Our contact information is as follows:

Itype Pty Ltd ACN 659 205 062
Allison William James, Director
PO Box 1234, Lutwyche QLD 4030
Telephone: 0433 295 526 | Email: admin@itype4school.au

1.1 Acknowledgment

By clicking “I Accept”, the Client

(a) acknowledges and agrees to having had sufficient opportunity to read and understand the terms and conditions contained in this Agreement; .

(b) You acknowledge that these terms and conditions were brought to your attention prior to accepting them and that you have received and agree that the Pricing Statement You have received from Us applies and

(i) Your contact information is accurate; and

(ii) you are legally able to bind your School to the terms in this Agreement.

If You are not prepared to be bound by the terms and conditions in this Agreement, You must immediately leave this website.

1.2 Prevalence of Inline contract

If iType4schools and the Client have signed a document substantially in the form of this Agreement, then the terms and conditions contained in that agreement as signed by the Parties prevail over those terms and conditions contained in this agreement agreed to by clicking the ‘I accept’ button.

2. Definitions

In this Agreement, unless the context or subject matter require otherwise:

Account means the School’s dedicated account on iType® that contains the administrator interface required to modify access for individual End Users and adjust the authorised number of End User during the Term.

Act means the Corporations Act 2001(Cth).

Administrator means the person appointed by a School to administer and operate the School’s Account on iType®. Administrator Account means an Account on iType that is made available to the Administrator to use and administer the use of iType that includes the Pricing Schedule.

Agreement means the terms and conditions contained in this Terms of Service including the Pricing Schedule and any other document incorporated by reference.

iType ® means the software application which iType4schools grants the Client and its Students with the right to access and use pursuant to the terms and conditions contained in this Agreement.

Business Day means:

(a) for receiving a Notice, means a day that is not a Saturday, Sunday, public holiday or bank holiday in the place where the Notice is received; and

(b) for all other purposes, a day that is not a Saturday, Sunday, bank holiday or public holiday in Queensland, Australia.

Commencement Date means the date on which the Client accepts this Agreement after having received a Pricing Schedule

Confidential Information means all information disclosed (whether orally, in writing or in any other form) by one party (Disclosing Party) to the other party (Recipient) in connection with this Agreement, which is identified as being confidential (or which reasonably ought to be considered confidential by the Recipient), and all copies, notes and records and all related information based on or arising out of any such disclosure which is not:

(a) in the public domain (otherwise than as a result of a breach of this Agreement); or

(b) independently developed or known by the Recipient.

Data means any information uploaded by the Client about its Students and their use of the Program, which is contained in electronic form and stored in any of our computer systems used to operate iType®.

Dependent Software means any software which an End User must have installed in order for iType® to operate effectively as shown at clause 3.3 if required.

Device means any physical or virtual apparatus or hardware used to access and use iType®.

Documentation means any user manual, support, guides and user support in either electronic or physical form is supplied with iType® as updated from time to time.

End User means a Student authorised by the Client to access and use iType®.

Fee means the amount of money the Client agrees to pay iType4schools for the number of End Users given the right to access and use iType® during the Term as adjusted from time to time and the Setup Fee (if any).

Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).

Party means a party to this Agreement and Parties means both of them.

Pricing Schedule means the Fees listed in the School’s administrator section of iType that apply to its Students Use of iType®.

Privacy Policy means a statement of how We deal with Personal Information as shown on Our Website at https://www.itype4school.com.au/privacy-policy.

Setup Fee means the amount of money the Client is required to pay to set-up and commence using iType® as shown in the Pricing Schedule.

Student means an End User.

Term means the specific duration or timeframe aligned with a school term that the Client and its End Users has the right to use iType®.

Trial means a free trial of iType® that applies to a School’s first Term that does not require the Client to pay a Fee as shown in a Pricing Schedule.

Trial Period means the period of one (1) Term as shown in a Pricing Schedule.

Update means any modifications, new or revised versions of iType® that are required for it to operate more efficiently as determined by Us at Our sole discretion.

Website means the website located at the URL: https://www.iType4school.com.au/.

2.1 Interpretation

In this Agreement:

(a) a reference to:

(i) one (1) gender includes the others;

(ii) the singular includes the plural, and the plural includes the singular;

(iii) a person includes a body corporate;

(iv) a document or instrument includes the document or instrumented as novated, altered, supplemented, or replaced from time to time;

(v) a Party includes the Party’s executors, administrators, successors and permitted assigns;

(vi) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

(A) that Statutory Provision as amended or re-enacted from time to time; and

(B) a statute, regulation or provision enacted in replacement of that Statutory Provision;

(vii) an amount of money is an amount in Australian dollars ($AUD);

(viii) time is to Eastern Standard Australian time; and

(ix) a schedule refers to a schedule contained in this Agreement;

(b) including and similar expressions are not words of limitation;

(c) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(d) headings are for convenience only and do not form part of this Agreement or affect its interpretation;

(e) where a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed, or the event must occur on or by the next Business Day; and

(f) a provision of this Agreement must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.

Operative part

3. Grant of access to iType®

3.1 Commencement

(a) The terms and conditions contained in this Agreement commence on the Commencement Date; and

(b) continue for the Term unless terminated according to the terms and conditions contained herein and subject to clause 11.

3.2 Rights granted

IType4schools grants the Client and its End Users a non-exclusive right to access and use iType® on the terms and conditions contained in this Terms of Service during the Term.

3.3 Minimum system requirements

In order for iType® to function the Students must have:

(a) access to a Device equipped with a functional physical keyboard;

(b) at least an ADSL Connection;

(d) a modern web browser that is not more than four (4) years old.

3.4 Trial use

(a) If iType4schools has provided the Client with Trial access this will be shown on the APricing Statement.

(b) The terms and conditions contained in this Terms of Service apply to the Client’s use of iType® during the Trial Period.

(c) iType4schools has the right to determine the Client’s eligibility for a Trial and to withdraw or modify a Trial at any time without prior notice.

(d) At the expiry of the Trial Period, the Client will be required to pay the Fee for the total number of Students shown in the Schools Administrator Account in order to maintain access to iType®.

3.5 Payment

(a) The Client agrees to pay the Fees shown in the Pricing Schedule in exchange for the number of Students authorised to use iType® during the Term.

(b) Invoices will be issued to the Client’s iType® in its Adminstrator Account at some time in the first week of the Term.

(d) If the Client increases the number of Students that are authorised to use iType® during the Term in its Account, then it agrees to pay for those additional Students at rate per head as shown in the Pricing Schedule.

(e) The Client acknowledges and agrees that the Fees, as detailed in the Pricing Schedule as shown in its Administrator Account apply.

3.6 Cancelling the Account

(a) The Client may cancel its Account at any time by providing IType4schools with Notice of its intention to cancel.

(b) On cancellation the Client and its End Users will retain access to its Account for the remainder of the Term that has been prepaid.

4. Use of Accounts to iType®

4.1 Usernames and passwords

The Client agrees that its Administrator and its End Users will keep all usernames and passwords used to access iType® strictly confidential and must not share them with any other person.

4.2 Security obligations

(a) The Client agrees that its End Users will keep all End User Account information confidential.

(b) The Client is responsible for:

(i) all activity that occurs on iType® by its End Users, whether authorised or not; and

(ii) ensuring the accuracy of Data entered into iType® about its End Users.

4.3 Use of Account information

The Client will ensure that Each End User is:

(a) responsible for ensuring that it is the sole person accessing iType® using its allocated Account; and

(b) expressly prohibited from sharing its Account information with third parties.

5. Rights in relation to Intellectual Property

5.1 Intellectual Property

(a) The Client and its Students do not obtain any express or implied Intellectual Property rights, in iType® beyond the right to use it during a Term as described in this Agreement.

(b) The Client acknowledges and agrees that any Data uploaded by the End Users while using iType® will be the exclusive property of Itype4schools. The Client is granted access to this Data throughout the duration of an active paid Term.

(c) The Client acknowledges that We may publish, promote, or market aggregated or individual, deidentified reports about the Students performance and results that have been obtained using iType.

5.2 Support

(a) We will provide reasonable levels of support for iType® via a self-service knowledge base and an email ticket system on the Website.

(b) We may provide separate support plans in the future.

5.3 Scheduled maintenance

(a) If it is necessary to interrupt the Client’s and its Students use of iType®,i will endeavour to provide reasonable notice (where possible) of when it is anticipated that iType® will be unavailable.

(b) The Client acknowledges that access to iType® may be changed, interrupted, or discontinued for many reasons beyond iType4schools control and that during this time we may make upgrades which may change the interface and manner in which iType® functions.

(c) The Client agrees that iType4schools are not liable for any loss, foreseeable or not, arising from any interruption to the Client and its End Users access to iType®.

6. Collection and use of of personal information

6.1 Privacy Policy

The Client acknowledges that Data stored in iType® is used and made available in accordance with Our Privacy Policy as amended from time to time that is available at https://www.itype4school.com.au/.

7. Express prohibitions on use

(a) The Client agrees and agrees on behalf of its Students agree they must not:

(i) infringe Our Intellectual Property rights in iType®;

(ii) represent that they are associated with or otherwise endorsed by the iType® other than to state that they subscribe to it;

(iii) pass themselves off as the owner of iType® which they are not authorised;

(iv) use iType® in any way that could damage the reputation of iType4schools or the goodwill or other rights We enjoy;

(v) permit any third party to obtain access to iType®, or the Documentation;

(vi) reproduce, make error corrections to, or otherwise modify or adapt the Intellectual Property in iType® or create any derivative works based on iType® and the Documentation;

(vii) de-compile, disassemble, decrypt, or otherwise reverse engineer iType® or permit any third party to do so;

(viii) transfer, sublicense, rent, lease, lend, license, or otherwise transfer or assign the Intellectual Property in iType®; and

(ix) modify or remove any copyright or proprietary notices associated with iType®.

(b) The Client agrees that by doing any of the above acts is a breach an essential term of this Agreement which may result in immediate suspension of its Account or termination in accordance with clause 11.

8. Disclaimer of warranties

8.1 iType4school’s warranty

IType4schools warrants that iType® will be free of defects during the Term.

8.2 Client warranties

(a) The Client warrants that:

(i) iType® has been obtained at its own discretion and risk;

(ii) it will use iType® strictly as required by any guidelines or recommendations provided by iType4schools;

(iii) it will take all reasonable steps to ensure that its Students comply with the terms and conditions in this Agreement;

(iv) it has made its own investigations into the suitability of iType® and is not relying on any representation not expressly made by IType4schools;

(v) it will take out any policy of insurance as reasonably required by IType4schools to protect against any foreseeable risk posed by use of iType®; and

(b) no advice or information, whether oral or written, obtained from IType4schools in relation to iType® creates any warranty not expressly stated herein.

9. Limitation of liability and exclusions

9.1 Limitation of liability

The maximum aggregate liability of IType4schools under or in connection with this Agreement, will not exceed the total Fees paid by the Client during the Term preceding the event giving rise to such liability.

9.2 Exclusion of consequential and indirect damages

To the maximum extent permitted by law iType4schools will not be liable for any unforeseen consequential, indirect, special, incidental, or punitive damages arising out of or in connection with the Students use of iType®.

10. Indemnity

(a) The School indemnifies, and must keep indemnified, iType4schools and its employees, officers and agents, against any actions, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by the iType4schools , arising from or in connection with, either directly or indirectly the Client’s breach of any of its obligations contained in this Agreement, including, but limited to, the making of a warranty that is inaccurate or incomplete.

(b) The Client indemnifies, defends, and holds harmless iType4schools in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses, and costs (including legal fees on a full indemnity basis), in connection with:

(i) any breach of a provision of this Agreement;

(ii) the Client and its individual End Users’ use of iType® including any negligent acts or omissions; or

(iii) use of iType®, including any third-party claims made in connection with, or arising out of, the Client’s use of iType®.

11. Termination

11.1 Termination by iType4schools

iType4schools may terminate this Agreement without notice if:

(a) it no longer has the right to provide iType® for any reason whatsoever;

(b) the Client commits a breach an essential term of this Agreement, which is not capable of being remedied, after first notifying IType4schools of such breach; or

(i) is reverse engineering or otherwise creating derivative works based on the Intellectual Property contained in iType®; and

(ii) is attempting to circumvent any technological protection measure which limits the Client’s End Users’ ability to access multiple instances of iType®;

(d) The Client is using iType® for a purpose other than what is was designed for and is otherwise consuming resources well above what is considered normal or usual.

11.2 Suspension of rights to access iType

The payment of Fees is an essential term of this Agreement. If after seven (7) days of receiving an undisputed invoice and the School has not contacted Us, then we may suspend access to iType pending further communication.

11.3 Termination for non-payment

After the expiry of fourteen (14) days of an Invoice for Fees that has not been paid, itype4schools may suspend access to the Schools account and terminate this Agreement after first providing the Client with seven (7) days’ notice of its intention to do so.

11.4 Actions upon termination or expiry of the Term

On termination of this Agreement for whatever reason:

(a) the Client and its End Users must stop accessing and using iType® in accordance with clause 11.2 and 11.3;

(b) the End Users must return or destroy all copies of any Documentation if provided separately with iType®;

11.5 Notices and other communications

(a) For all correspondence including notices in relation to this Agreement please contact IType4schools at the address shown at the beginning.

(b) If required, IType4schools will contact the Client via the contact details We have been provided with and are shown in the Client’s Account. If IType4schools has multiple contact details for the Client and its Administrator it will use the most recent information to provide any notices required.

12. General provisions

(a) Access to iType® outside the Jurisdiction - No representation or warranty is made that the content in iType® complies with the laws of any country outside of Australia.

(b) Cooperation with law enforcement - IType4schools will cooperate law enforcement agencies when required to do so by an authority of competent and recognised jurisdiction in relation to Data held in iType®.

(c) Governing law and jurisdiction - This Agreement is governed by the laws of Queensland, Australia and each Party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.

(d) Entire Agreement - This document contains the entire agreement between the Parties in connection with its subject matter and supersedes all previous agreements and understandings except as otherwise provided herein.

(e) Survival - Any clause which is expressed to survive, or which by its nature is intended to survive termination of this Agreement, survives termination.

(f) Variation - An amendment or variation to this Agreement is not effective unless it is in writing and signed by the Parties.