Raj Service Group Privacy policy
We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) on the rajservicegroup.org website (“Website” or “Service”) and any of its related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.
This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Raj Service Group IT Voice & Data (doing business as “Raj Service Group Managed IT Services”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
Automatic collection of information
When you open the Website, our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type, and version, operating system type and version, language preferences or the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, information you search for on the Website, access times and dates, and other statistics.
Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Website and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system.
Collection of personal information
You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address).
We receive and store any information you knowingly provide to us when you fill any forms on the Website. When required, this information may include the following:
Contact information (such as email address, phone number, etc)
Basic personal information (such as name, country of residence, etc)
Geolocation data of your device (such as latitude and longitude)
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Website and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Website and Services, please contact us to request that we delete that child’s Personal Information from our Services.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.
Use and processing of collected information
We act as a data controller and a data processor when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.
Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Website and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information.
We act in the capacity of a data processor in situations when you submit Personal Information through the Website and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller.
In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
Send marketing and promotional communications
Improve user experience
Deliver targeted advertising
Run and operate the Website and Services
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Website and Services.
Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Website and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.
Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes.
We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.
We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
Data analytics
Our Website and Services may use third-party analytics tools that use cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on User activity such as how often Users visit our Website and Services, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our Website and Services. We do not use third-party analytics tools to track or to collect any personally identifiable information of our Users and we will not associate any information gathered from the statistical reports with any individual User.
Do Not Track signals
Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information.
Advertisements
We may permit certain third-party companies to help us tailor advertising that we think may be of interest to Users and to collect and use other data about User activities on the Website. These companies may deliver ads that might place cookies and otherwise track User behavior.
Email marketing
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us.
Links to other resources
The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.
Information security
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.
Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
Data breach
In the event we become aware that the security of the Website and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.
Changes and amendments
We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below:
Email: admin@rajservicegroup.org
Tel: +61 420974053
22 Westminster Street, Schofields, NSW 2762 Australia
We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.
SOFTWARE SUBSCRIPTION TERMS AND CONDITIONS
All online prices exclude GST. Minimum contract term of 24 months, then agreements continue on a month to month basis. * Online monitored cloud backup must be setup by our support team and has a one-off set up fee of $299. Cloud backup is compulsory with RSG (Raj Service Group) features. # Education is subject to availability and bookings are essential, hours expire at the end of each calendar year. RSG Elite, Mini or Micro Software licences are included within the subscription packages, Each licence is limited to a single location. Ongoing software updates and unlimited phone support is also included, Up to 4 Additional Network connections at the single location are included. Up to 2 remote or iPad licences are included. Additional remote connection software Licence maybe purchased at a once off cost of $299. Support opening hours are AEST/AEDST.
If the subscription price increases after the initial 24 months, we will automatically update your payments. We won’t increase the price unless we have provided you with at least 30 Days’ notice in writing to the email account provided by you. 30 Days notice is required to cancel after the initial 24 months.
1. Background:
1.1 Raj Service Group (“RSG”), through arrangement with Microsoft Azure (the owner of the Software) has distribution rights for the Software in Australia and New Zealand, and agrees to make the Software available for use by the Licensee during the Term for the License Fees and subject to the terms of this Agreement.
1.2 Licensee wishes to obtain a license for the Software on the terms and conditions contained herein for the specified Licence Fees and to the extent Licensee has already entered into an agreement with Raj Service Group, this Agreement will override that agreement and incorporate any terms and conditions embedded in the Software except to the extent varied by this Agreement, including the obligation to pay the Licence Fees to RSG and the Term.
1.3 In this Agreement:
(a) Software means the computer software systems for Raj Service Group products (as accepted in this Agreement) and includes the manual, documentation and images supplied with the software system.
(b) Term means the Initial Period commencing on the Commencement Date and continuing thereafter on a monthly basis until terminated in accordance with this Agreement.
2. Grant of Limited License
2.1 For the duration of this Agreement, RSG hereby grants to Licensee a non-exclusive, non-transferable licence to use the Software for the sole purpose of carrying on its business.
2.2 Licensee acknowledges that failure to abide by the licence terms contained in this Agreement shall be a material breach of this Agreement.
2.3 Licensee acknowledges that this Agreement is only for the provision of the Software and does not include the provision of any training,
installation setup, hardware or any other goods or services and in the event Licensee wishes to obtain such goods or services additional charges will apply.
2.4 Licensee understands, acknowledges and agrees that RSG retains all right, title and interest in and to the Software, including, without limitation, all trade secrets, trademarks and copyright.
3 License Fees
3.1 As consideration for the grant of licence hereunder, Licensee agrees to pay RSG the Licence Fees, inclusive of GST if applicable, throughout the Term.
3.2 The License Fee shall be payable weekly or monthly (as the case may be) by direct debit, beginning on the Commencement Date.
3.3 In accordance with clause 5.2, RSG may increase the cost of the software and increase the debit amount, upon providing thirty (30) days written notice to the email address provided by you, in accordance with clause 10.1.
4. Use of Product.
4.1 Licensee must not attempt to modify, adapt, change, reverse engineer, reverse compile, or otherwise disassemble the Software.
4.2 Licensee agrees not to use any element of the Software in any way whatsoever other than as part of the complete Software, and then only in accordance with the terms of this Agreement.
4.3 Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the output generated by the Software.
4.4 Use of Equipment: The Renter agrees
(a) to keep the Equipment in good order and repair and properly operated and serviced so that the Equipment shall at all times be in first class condition.
(b) to indemnify RSG against loss or damage to the Equipment (including lawful confiscation thereof).
(c) not to alter or make an addition to the equipment without the previous consent in writing of the RSG and not to alter any identifying mark or number thereon.
(d) to keep the Equipment in the control of the Renter and not to attempt to purport to sell, dispose or encumber the Equipment in anyway.
(e) not to assign this Agreement or Renter’s rights hereunder without the prior written consent of the RSG.
(f) permit the use of the Equipment only in accordance with the manufacturer’s instructions.
(g) at the expiration nor earlier determination of this Agreement or upon the RSG becoming entitled to possession of the Equipment, deliver the Equipment in good, order repair and condition to the RSG address or such other place that the RSG may direct in writing.
(h) to give immediate written notice to the RSG of any loss or damage to the Equipment or hardware.
(i) Refurbished Computers come with back to base warranty for the duration of the subscription contract period. Items will be repaired or replaced with the same or similar product.
(j) Cancellation Fees: In the event of cancellation, the following fees will apply: The remaining payments for the Elite Subscription will be calculated based on the number of months remaining in the 24-month period, any months for which the Elite Subscription and computer fee have already been paid will be deducted from the cancellation fees.
5. Term
5.1 The term of this Agreement will be for the Initial Period and continuing thereafter in accordance with clause 5.2.
5.2 At the end of the Initial Period, this Agreement shall automatically renew for additional periods of one month (each, a “Renewal Period”) unless terminated by either party upon written notice to the other party at least thirty (30) days before the end of the Initial Period, or any Renewal Period, as the case may be.
6. Termination
6.1 This Agreement may be terminated by a party if the other party is in material breach of this Agreement, provided the party first provides the defaulting party with written notice of said breach, and provides such party with seven (7) days to cure the breach.
6.2 Termination of this Agreement shall not relieve or release either party from any rights, liabilities or obligations which it has accrued prior to the date of such termination, including the obligation to pay outstanding License Fees.
6.3 If Licensee wishes to terminate this Agreement prior to the end of the Initial Period, Licensee must pay to RSG the balance of the remaining License Fees due during the Initial Period and they will be payable on the termination date.
7. Suspension and Service Interruption
7.1 If any License Fee is more than 21 days overdue, RSG may suspend the availability of the Software and, following such suspension, RSG may charge Licensee a fee of $55.00 to reconnect the Software service.
7.2 Licensee acknowledges that at certain times the Software may be unavailable for use due to periodic updates or circumstances beyond
the control of RSG (including, without limitation, power and system failures).
7.3 RSG will not be liable for any loss or damage that may result from the inability to use the Software due to periodic updates or circumstances beyond the control of RSG.
8. Limitation of Liability and Indemnification.
8.1 In no event shall RSG be liable for any indirect, special, incidental or consequential damages (including, without limitation, loss of profits or other economic loss) arising from the use of the Software.
8.2 The maximum liability of RSG to any person, firm or corporation whatsoever arising out of or in connection with use of the Software, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual amount paid to RSG by Licensee for the licence of the Software in the immediately preceding twelve (12) months period.
9. Confidentiality.
9.1 Licensee shall not disclose any of the terms of this Agreement or any information relating to the Software for the duration of the Agreement and for twenty-four (24) months following the termination of this Agreement.
10. Notices
10.1 All notices in connection with this Agreement must be sent by email to the email address regularly used by recipient party or such other address as the recipient has indicated in writing is its address for service of notices.
11. Miscellaneous
11.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and representations of the parties related to these matters, whether written or oral.
11.2 If any provision or part of any provision in this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, it shall be severed without affecting the validity of the balance of the Agreement.
11.3 This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party’s duly authorised representative.
11.4 This Agreement shall be governed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the Courts of that State.