Jeenius Technology

Jeenius Technology
Jeenius Technology
Computers & Accessories-BUNDALL, QLD
Computers & Accessories-Bundall, QLD
We support personal clients, corporate clients and ISPs in every state of Australia - and overseas when needed. We offer services that are structured with reliability and value uppermost ..
6/21 Upton Street, Bundall, Qld, 4217.
6/21 Upton Street, Bundall, Qld, 4217.
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We support personal clients, corporate clients and ISPs in every state of Australia - and overseas when needed. We offer services that are structured with reliability and value uppermost in our minds, and we are confident that you will find our range to be both comprehensive and tuned to your business needs. Everything that we do for you is supported by facilities and assets that are 100% owned by Jeenius Technology so that we will never have to rely on a third party to fulfil our commitment to you.

Service Agreement

Hardware -Software

1. Key Terms

1.1 Services

The Service Provider shall provide the following services ("Services") to the Buyer in accordance with the terms and conditions of this Agreement:

a. Rental schedule (Schedule1).

1.2 Delivery of the Services

a. Start date: The Service Provider shall commence the provision of the Services on date.

b. Completion date: The Service Provider shall complete the Services on date.

c. Contents of Rental schedule may be varied monthly dependant on in service equipment in use with Buyer. Pro rata charge applies for any item in use for less than 1 calendar month

1.3 Site

The Service Provider shall provide the Services at the following site(s): location

1.4 Price

a. As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services is contained within Schedule 1 and can be varied monthly on agreement between Service Provider and Buyer.

b. The Buyer /shall not pay for the Service Provider's out-of-pocket expenses.

1.5 Payment

a. The Buyer agrees to pay the Price to the Service Provider on the following dates :


b. The Service Provider shall invoice the Buyer for variation of Services that it has provided to the Buyer fortnightly after the Completion Date.

c. The Buyer shall pay such invoices within 14 days of their receipt from the Service Provider.

d. The method of payment of the Price by the Buyer to the Service Provider shall be by: Direct Debitto Jeenius's bank account.

e. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.

2. General terms

2.1 Intellectual Property Rights

The Service Provider agrees to grant to the Buyer a non-exclusive, irrevocable, royalty free licence to use, copy and modify any elements of the Material not specifically created for the Buyer as part of the Services. In respect of the Material specifically created for the Buyer as part of the Services, the Service Provider assigns the full title guarantee to the Buyer and any all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. If any third party intellectual property rights are used in the Material the Service Provider shall property rights for the Service Provider and the Buyer. For the purposes of this Clause 2.1, "Material" shall mean the materials, in whatever form, used by the Service Provider to provide the Services and the products, systems, programs or processes, in whatever form, produced by the Service Provider pursuant to this Agreement.

2.2 Warranty

The Service Provider represents and warrants that:

a. it will perform the Services with reasonable care and skill; and

b. the Services and the Materials provided by the Service Provider to the Buyer underthis Agreement will not infringe or violate any intellectual property rights or other right of any third party.

2.3 Limitation of liability

a. Subject to the Buyer's obligation to pay the Price to the Service Provider, either party's liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.

b. To the extent it is lawful to exclude the following heads of loss and subject to the Buyer's obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.

c. Nothing in this Clause 2.3 will serve to limit or exclude either Party's liability for death or personal injury arising from its own negligence.

2.4 Term and Termination

a. This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with Clause 2.4(b), until the Completion Date.

b. Either Party may terminate this Agreement upon notice in writing if:

i. the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or

ii. a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party's assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.

c. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

2.5 Relationship of the Parties

The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

2.6 Confidentiality

Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

2.7 Notices

Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:

a. first class post, 2 days from the date of posting;

b. hand or by facsimile transmission, on the date of such delivery or transmission; and

c. electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.

2.8 Miscellaneous

a. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

b. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.

c. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.

d. This Agreement may not be amended for any other reason without the prior written agreement of both Parties.

e. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.

f. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.

g. This Clause 2.8(g) and Clauses 2.3, 2.5, 2.6, 2.7 and 2.8 of this Agreement shall survive any termination or expiration.

h. This Agreement shall be governed by the laws of the jurisdiction in which the Buyer is located (or if the Buyer is based in more than one country, the country in which its headquarters are located) (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.

Amendments to existing clauses

Clause(s) [insert amended clause reference(s) here] shall be amended to read as follows:

Rental Conditions

1. Rental Period.

a). Unless otherwise agreed the Rentee will return the Rented Property at the completion or termination of the Rental Agreement. Any costs of return are to be born by the Rentee. If the completion date falls on a weekend or public holiday then the Rented Property must be returned by 5.00pm on the last working day prior to the completion date. (Office hours are 8.30am to 5.30pm Monday to Friday)

b) If the Rented Property is not returned to the Rentor by the end of the Rental Period then a pro rata daily charge will be made (based on 7 days for a weekly Rental Agreement type and 30 days for a monthly Rental Agreement type) related to the original terms and conditions. The Rentor reserves the right (at its discretion) to deem the rent to be extended until the Rented Property is returned and also to arrange for the recovery of the Rented Property at cost to the Rentee.

2. Payment Terms. Rent is payable in advance. Where a credit card number is provided for payment it is provided to cover the initial payment as well as sundry costs, charges if equipment is retained past the end of the rental term and as security against the equipment to cover loss, theft or damage. Delivery/pickup, installation, consumables and software loading, if required, are extra to rental charges and are payable in advance as agreed. Payment is to be made on collection or delivery of the Rented Property for the first invoice associated with this Rental Agreement and within 14 days for any subsequent invoices. The Rentee agrees to pay all invoices within or in accordance with the payment terms.

Should the Rentee fail to pay any invoice within or in accordance with the specified time then the Rentor reserves the rights to:-

1. cancel the Rental Agreement without notice and recover the Rented Property at cost to the Rentee.

2. charge the Rentee interest at a rate of 18% per annum (1.5% accumulated monthly) and calculated from the date of invoice until paid in full.

3. charge the Rentee for any costs incurred in the recovery of any debts including all legal costs on a solicitor/client basis.

4. charge the Rentee retail replacement costs of a current model new item of the same brand or similar quality brand available of any Rented Property not returned to the Rentor.

Furthermore the Rentee agrees to pay these charges and accepts these terms and to allow entry by the Rentor or his agents to the premises where the Rented Property is present should the Rentor wish to recover it.

3. Change of Address. The Rentee will notify the Rentor without delay of any change of address or telephone number during the period of this Rental Agreement.

4. Condition of Rented Property. The Rentee acknowledges that: (a) it has examined the Rented Property before accepting it and satisfied itself that it is in good condition, is suitable for the Rentee's purpose, functions to a high standard, produces accurate readings and complies with prescribed safety standards; (b) the Rentor has given no representation or warranty regarding the quality, fitness, safety, suitability, standard or accuracy of the Rented Property, and no person is authorised by the Rentor to do so; (c) the Rentee will look to the manufacturer, and not the Rentor, for any collateral warranty the Rentee may require in relation to the Rented Property.

5. Care of Products. The condition of the Rented Property is recorded on the Rental Agreement. The Rentee will take good care of the Rented Property.

Any damage (other than fair wear and tear) will be repaired by the Rentor or its appointee and will be charged to the Rentee. If any of the Rented Property is lost or stolen during the Rental Period, or extensions thereof , the Rentor reserves the right to charge the Rentee the retail price of the lost or stolen item/s. In the event of loss or damage of the Rented Property the rental charges will continue until the Retail Price of the Rented Property is paid for in full by the Rentee which amount is in addition to the rental charges paid.

6. Insurance. The Rentee will insure the Rented Property during the Rental Period or any extensions thereof, for all the eventualities pertaining to clause 5 of these conditions or will purchase the Rentor's Loss & Damage Waiver.

7. Indemnity. The Rentee indemnifies the Rentor against: (a) any loss of or damage to the Rented Property however arising; (b) liability for any death, injury or damage to any person or property arising directly or indirectly from the Rented Property or its use; (c) any claim for breach of intellectual property rights arising in connection with the Rented Property or its use; (d) any loss arising from any part of this Rental Agreement being void, voidable or unenforceable for any reason; (e) any loss or liability incurred by the Rentor resulting from possession, use or operation of the Rented Property by the Rentee; (f) any liability which the Rentor may incur under any legislation by reason of the use of the Rented Property for any purpose other than as stated by the Rentee to the Rentor; provided that such loss, damage, claim or liability is not due to the Rentor's negligence; (g) anything done by the Rentor in exercise or purported exercise of its rights under this Rental Agreement, (h) any claim affecting the Rentor's interest in or title to the Rented Property and any action taken by the Rentor to protect such interest and title; (i) any breach by the Rentee of its obligations under this Rental Agreement including any

failure to insure or adequately insure the Rented Property; and (j) the repossession of the Rented Property and any related storage, repair and/or sale. Each indemnity in this clause is a separate and independent obligation and continues after termination of this Rental Agreement.

8. Limitation of Liability. To the full extent permitted by law, all express and implied terms, conditions and warranties (other than those terms expressly set out in this Rental Agreement) are excluded. The Rentor is not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Rented Property. Whether or not the Trade Practices Act 1974 or any laws to a similar effect apply, the Rentor's liability for anything in relation to the Rented Property and its use, including damage or economic loss, is limited to the maximum extent permitted by law. In any event the Rentor's liability is limited, at the Rentor's option to: (a) the replacement of the relevant Rented Property with the same or equivalent Rented Property; (b) the repair of the relevant Rented Property; or (c) reimbursement of the rent for the relevant Rented Property for the Rental Period.

9. Equipment Malfunctions. Should the Rented Property malfunction for reasons other than misuse or accidental damage, then the Rentor will repair the product at no charge to the Rentee (other than for freight if the product is outside the Metropolitan area defined for this purpose as within 20 kilometres of the city centre GPO). If the Rented Property is outside the Metropolitan area and the Rentee chooses not to return the Rented Property to the Rentor for repair then repair costs are at the expense of the Rentee. In the case of malfunctions or damage caused by accident or misuse the Rented property will be repaired by the Rentor or its appointee and charged to the Rentee. In the event of malfunction the Rentor reserves the right to replace the Rented Property with an equivalent system.

10. Consumables. The rental charges do not include consumable products (eg laser printer toner). The Rentee agrees to use only consumable products which are approved by the manufacturer of the Rented Property and not to use re-inked or refurbished consumables. Any consumables supplied with the Rented Property will be paid for by the Rentee.

11. Taxes and Government Charges unless otherwise specified the rental charges shall exclude all taxes (except any applicable State Government Rental Tax). Should additional taxes or government charges be introduced or the rate of any applicable tax or government charge change then the Rentor reserves the right to adjust the rental charges to include such changes or new taxes or government charges.

12. Software.

12.1 If any Operating System or Application Software is included in the Rental Agreement then the Rentee guarantees that the only copies of these made will be for the purpose of security back-up. Further to this the Rentee undertakes to destroy any such back-up copies at the completion of the Rental Period or any extension thereof.

12.2 Where the Rentee has requested the Rentor to install Software other than the Operating System on the Rented Property, the Rentee declares that they are the holder of a legitimate licence to the Software, and have the right to install the Software. The Rentee agrees to indemnify and keep indemnified the Rentor from any loss or damage arising from or in connection with the installation or use of the Software.

13. Microsoft End User Licence Agreement. The Rentee hereby acknowledges that its use of the Microsoft Products accompanying the Rented Property is governed by the applicable Microsoft End User Licence Agreement attached hereto.

14. Severance If any term or condition of this Rental Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this Rental Agreement shall be valid and enforceable to the fullest extent permitted by law.

15. Cancellation of orders If cancellation occurs after an order is placed the Rentee shall incur a cancellation charge equal to half the Rental Charges however if the cancellation occurs within 48 hours of the delivery date, the Rentee shall incur a cancellation charge equal to the full Rental Charges.

16. Privacy The Rentor will comply with its privacy policy in respect of any personal information the Rentee provides to the Rentor. A copy of the Privacy Policy can be obtained at If the personal information requested by the Rentor is not provided, the appropriate services may not be provided. Your proceeding to deal with the Rentor is confirmation of your acceptance of the Privacy Policy.

17. Definitions In this Rental Agreement unless the context otherwise requires the expressions:

(a) Rentee shall mean and include the Rentee and each of them and where appropriate their respective directors, shareholders, representatives, transferees and assigns. (b) Rentor shall mean and include the person firm or corporation trading as Hire Intelligence and entering into this Rental Agreement as Rentor and its transferees and assigns. (c) Rented Property shall mean all property including but not limited to equipment, packaging, containers and carrier bags, provided to the Rentee by the Rentor. (d) Words importing a singular number or plural number shall include plural number and singular number respectively (e) Words importing the masculine or neuter gender shall include every gender. (f) Rental Period shall mean the duration for which the Rentor has agreed to provide the Rented Property in accordance with the terms and conditions of this Rental Agreement.

18. Loss & Damage Waiver. The Rentor's Loss & Damage Waiver policy covers loss or damage as a result of physical and external means. This Loss & Damage Waiver policy is subject to: a) The Rentee immediately notifying the Rentor of any damage or loss. In the event of theft the police must be notified within 24 hours and a copy of the police report submitted to the Rentor, b) the Rentee submits a written statement ("Loss & Damage Waiver Report") detailing the loss or damage sustained, how it arose and what action was taken to minimise the loss or damage, c) The Rentee pays a processing fee when submitting the Loss & Damage Waiver Report. This fee is $1,000.00 per item for Data Projectors or Plasma Screens, or $500.00 per item for other Rented Property. The Rentee accepts and agrees that the Loss and Damage Waiver Policy set out herein only covers losses detailed above and any other loss including but without limitation any personal injury or any consequential loss either directly or indirectly as a result of damage to or loss of the covered items shall be excluded and specifically agrees that the following exclusions to a successful claim on the Loss & Damage Waiver apply: a) Any Item being dropped overboard on inland or coastal waters, b) Theft without forced or violent entry, c) Theft by the Rentee, its agents or employees or while not in their direct control, d) Misuse or abuse of item(s) e) Any acts of negligence, malice, lack of care or any deliberate act(s) causing loss or damage.




Microsoft Products

Windows Operating System and/or

Windows Operating System with Office

Microsoft Licence Agreement for End Users using a Microsoft Product on a Rental Computer

Microsoft Operations Pte Ltd has licenced the software listed above to the Rentor and the Rentor licenced the use of this software to you on the terms below. You will not be able to use this Microsoft software unless you agree to the following terms:


1. GRANT OF LICENCE. This Microsoft Licence Agreement ("Licence") permits you to use one copy of the specified version of the Microsoft

software product(s) identified above ("SOFTWARE") on the Rental Computer, provided the SOFTWARE is in use on only one computer at any time during the period you are a Rental customer. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD ROM, or other storage device) of that computer.

COPYRIGHT. The SOFTWARE is owned by Microsoft or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording). You may not copy the software or written materials accompanying the SOFTWARE.

2. OTHER RESTRICTIONS. This Microsoft Licence Agreement is your proof of licence to exercise the rights granted herein .You may not rent or lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE or otherwise transfer your rights hereunder. You may not reverse engineer, decompile, or disassemble the SOFTWARE except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.

3. PRODUCT SUPPORT. Any product support for the SOFTWARE is provided to you by the Rentor and is not provided by Microsoft or its affiliates or subsidiaries.

4. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. Any warranties, liability for damages and remedies, if any, are provided solely by the Rentor and not by Microsoft or its affiliates or subsidiaries.

5. NOT FAULT TOLERANT. The SOFTWARE may contain technology that is not fault tolerant and is not Designed, manufactured, or intended for use in environments or applications in which the failure of the SOFTWARE could lead to death, personal injury, or severe physical, property or environmental damage.

6. LIABILITY FOR BREACH. In addition to any liability you may have to the Rentor you agree that you will also legally responsible directly to

Microsoft for any breach of the terms and conditions.

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