Epson Australia Pty Ltd ACN 002 625 783 (‘Epson’, ‘we’, ‘us’, ‘our’) offers a subscription printing service (ReadyPrint Plan) to customers for business/commercial purposes (‘Customer’ ‘you’ and ‘your’). These terms and conditions, as amended from time to time, set out the terms on which a ReadyPrint Plan is provided to you. Your agreement to these terms and conditions is acknowledged by your first use of printing under the ReadyPrint Plan.
1. Purpose of the ReadyPrint Plan
1.1 ReadyPrint Plans are only available for business/commercial purposes. Customers must have (and maintain for the duration of the ReadyPrint Plan) a valid ABN in order to subscribe for a ReadyPrint Plan.
1.2 The aim of the ReadyPrint Plan is for you to print the agreed number of pages per month on the applicable printer (Device) according to your ReadyPrint Plan. Epson endeavours that the required ink (Consumables) to print those pages will be delivered to you before the existing ink bottle will run out. However, Epson cannot and does not guarantee that this will always be achieved. In particular, variations in the rate at which ink is used by you and delays in delivery services may mean that the ink bottle will only arrive after the existing ink bottle is exhausted.
1.3 It is a condition of Epson providing the relevant ReadyPrint Plan to you that you enter into a hire agreement on the terms set out in these terms and conditions in respect of the Device specified for that ReadyPrint Plan. You acknowledge that the hire Agreement is provided solely to allow you to make use of the services under your ReadyPrint Plan. You are not permitted to use your own printer (be it an Epson or non-Epson printer) under a ReadyPrint Plan.
1.4 The Consumables will be sent to the address you have indicated for your subscription which will also be reported in your ReadyPrint Plan Account. The Consumables provided must only be used in the Device(s) for which they are provided.
1.5 If Epson is of the reasonable opinion or reasonably suspects that you are abusing the purpose of the ReadyPrint Plan in any way or otherwise violating any of the terms of the ReadyPrint Plan, we may terminate your ReadyPrint Plan before expiry of the Term by sending you an e-mail notification to your nominated e-mail address.
2. ReadyPrint Plan Hire Agreement
2.1 By subscribing for a ReadyPrint Plan, you agree to hire from us the Device the subject of your plan for the term of the ReadyPrint Plan.
2.2 You acknowledge and agree that we are the owner of the Device at all times and you only have a right to use the Device during the term of your ReadyPrint Plan. You have no right or obligation to purchase the Device.
2.3.1 We will endeavour to provide you with a new Device, subject to availability of the Device you have chosen. If a new Device is not available we will provide a Device in near new condition.
2.3.2 Your hiring charges for the Device are payable as part of your ReadyPrint Plan subscription charges.
2.4 If you terminate your ReadyPrint Plan prior to the expiry of the term, you will be liable to us for our liquidated damages for unpaid future hiring charges in the manner set out in these terms and conditions.
2.5 You must return the Device to us at the end of your ReadyPrint Plan.
2.6 You are liable to us for any loss of or damage to the Device or if you fail to return the Device to us. Your liability to us is calculated in the manner set out in these terms and conditions.
2.7 We will service the Device as part of the hiring arrangements under ReadyPrint Plan.
3. ReadyPrint Plan Subscription Sign Up Process
3.1 To subscribe for a ReadyPrint Plan, you must have the legal right and capacity to enter into this agreement and to be legally bound by these terms.
3.2.1 When subscribing for a ReadyPrint Plan, you will be asked to sign up for an Epson Global ID (EGID). To obtain an EGID, please register as a member according to the procedures in the terms and conditions. If you have already obtained an EGID, you can subscribe for the ReadyPrint Plan with your EGID and EGID password.
3.2.2 To register for a ReadyPrint Plan, you will be required to complete the following mandatory fields: Company or Business Name, Contact Person, Email Address, Company or Business Address, ABN.
3.3 When filling in Mastercard/Visa debit/credit card information, we will be using a Google service called ‘reCAPTCHA’ to fight spam and abuse of payment pages.
3.4 When filling in your Company or Business Address, we will be using a Google service called ‘Place Autocomplete (Google Maps Platform)’ for automatic address completion.
3.5 You can choose one of the ReadyPrint Plans according to your needs and the Device you require. We will confirm by email to your nominated email address the particulars of each ReadyPrint Plan. The ReadyPrint Plan starts on the Registration Date, being the date when Epson successfully receives the first payment. Following the Registration Date, Epson will confirm by e-mail your registration on the ReadyPrint Website. Each ReadyPrint Plan which you enter into with us is made up of the particulars of your ReadyPrint Plan and these terms and conditions (as amended from time to time).
3.6 You are not permitted to upgrade or downgrade your ReadyPrint Plan during the Term.
4. Internet Connection
4.1 Epson can only provide the ReadyPrint Plan if the Device is connected to the internet. You are responsible for maintaining internet connectivity at your expense.
4.2 In order to activate the Device with the ReadyPrint Plan, the Device must connect to the internet upon set up and continue to be connected to the internet when using the Device.
4.3 If the Device is not connected to the internet after 14 days of signing up to the ReadyPrint Plan, the printing function using the Consumables will be disabled and printing will not be possible.
4.4 To reactivate your disabled Consumables or your Device, you will need to contact Epson Customer Support Centre at www.epson.com.au/readyprint#support.
5. ReadyPrint Eligible Epson Device Updates
5.1 In order to ensure a proper service execution, or to comply with applicable laws, Epson might need to change or update the Device's software and/or firmware and can, acting reasonably, do so without notice to you. Any software or firmware that is downloaded to the Device or otherwise provided to you, is provided pursuant to the software license agreement linked to the Device.
5.2 We own any ink bottles provided to you to use with the Device.
6. Remotely monitoring the Device
6.1 Epson has the right to remotely monitor the Device to provide the ReadyPrint Plan. As part of the remote monitoring Epson will obtain information from the Device, including the Device name, Device serial number, maintenance box status, total number of ink bottles used, date of first printing from the Device, firmware version information, ink levels, ink status and consumption, page counts. To the extent Epson cannot obtain this information from remote monitoring, you must provide Epson with that information if requested by Epson. Epson will not be able to monitor or have knowledge of the type or content of the documents that you print using the Device.
6.2 By monitoring the Device, Epson will be able to determine when the ink is “expected” to require a replacement. Epson will then notify you, by sending an email to your nominated email address, or any other method you agreed upon, that the ink bottle is being sent to you.
6.3 You must ensure that Epson has your most recent delivery address in order for Epson to deliver the ReadyPrint Plan Consumables. Please make sure that your delivery address and information for delivery of the Consumables is up to date on your ReadyPrint Account. Epson will not be responsible to you and will not otherwise be liable for sending the ordered ink product(s) to addresses that appear in your ReadyPrint Account that you have failed to update.
6.4 You cannot transfer the ReadyPrint Plan to a non-registered Device or to another company or business. Unless otherwise stated in this agreement, you will be permitted to change your name, email address and password in which the account is linked after the account has been created.
7. Fees, Payment and Invoicing
7.1 You must pay Epson:
7.1.1 the amounts payable under these terms and conditions and which are due in respect of any ReadyPrint Plan to which you have subscribed; and
7.1.2 (where applicable), a one -off activation fee. Refer specific model Plans for details.
7.2.1 When you create your ReadyPrint Account, you will need to provide details of a valid Mastercard/Visa credit or debit card on the ReadyPrint Website (Payment Details).
7.2.2 By providing us with your Payment Details, you consent to:
7.3 Unless promotional periods apply, payment of your ReadyPrint Plan fees are due monthly in advance. Epson will take payment from your Payment Details on a monthly basis for your ReadyPrint Plan according to the fees and charges which apply to your ReadyPrint Plan.
7.4 You can check the applicable fees and charges for your ReadyPrint Plan (as updated from time to time) at readyprint.epson.com.au. Details of the fees and charges will be included in each invoice that we issue to you through your ReadyPrint Account. Please remember to check your ReadyPrint Account for the invoices.
7.5 If you do not use all your ReadyPrint Plan printing pages within a month, you will not be allowed to carry over the unused printing pages to the following month.
7.6 Where you print more pages in a month than the pages included in your ReadyPrint Plan, you are liable to us for the additional pages, which will be accounted for and charged to you in a subsequent invoice (which we indicate as being the invoice which is the second month after the additional pages were printed, which gives us time to collect and process the information applicable to your ReadyPrint Plan). You can check the applicable fees (as updated from time to time) for these additional pages at readyprint.epson.com.au.
7.7 Using the payment details included in your ReadyPrint Account, we will attempt to process your first invoice payment. The Registration Date the day Epson successfully receives the first payment from your nominated card. The Due Date for payment of each subsequent invoice will be set at 10 days after the Registration Date. For example, if your first payment is received for a ReadyPrint Plan on 1 September, the Registration Date for this ReadyPrint Plan will be 1 September and the Due Date for this ReadyPrint Plan will be the 11th of each month. If the Due Date is on a day not available in all months (i.e. 31st), the payment day will be the last day of those months which are missing such days.
7.8 If your payment is declined, Epson will attempt to retrieve a payment every three days, a maximum of four times. If on the fourth attempt, Epson is still unsuccessful in retrieving a payment from your nominated Mastercard/Visa credit/debit card, Epson will
7.9 If, for reasons attributable to you, Epson is unable to take or receive payment from your payment method, Epson shall, without prejudice to any other right which it may have, have the right to not despatch the device or to disable the Device. Where a device is disabled it will then not be possible to print using the Device.
7.10 In order to reactivate a disabled Device, you will need to contact Epson Customer Support Center at www.epson.com.au/readyprint#support.
7.11 Unless specifically mandated under any legislation in Australia, no cooling off period will apply to the ReadyPrint Plan.
8. Customer Support Centre
8.1 If you need assistance with your ReadyPrint Plan or your ReadyPrint Account, or have any question regarding your ReadyPrint Plan, please contact the Service Customer Support Centre www.epson.com.au/readyprint#support.
8.2 In respect of the Device, Epson will arrange for service support in respect of the Device during the Term of the ReadyPrint Plan. The service support does not include replacement or repair of the Device if it is lost, stolen, destroyed or damaged.
8.3 In providing service support Epson reserves the right to replace the Device with a refurbished one.
9. Communications
9.1 By registering on the ReadyPrint Website, you agree to be contacted or to receive messages by Epson on your Device, computer or app, to provide information about your ReadyPrint Account and status.
9.2 You agree that all such notices and other communications that Epson provides to you electronically satisfy any legal requirement that such communications be in writing.
10. Use of Information
By registering on (or otherwise using) the ReadyPrint Website, you consent to:
10.1 Epson collecting, holding, using and disclosing your personal information (including your personal data) as set out in Epson's Privacy Policy, including for the purposes of providing the ReadyPrint Plan, to process any transactions that you have requested and/or to improve or to customise your experience on the ReadyPrint Plan. Epson's Privacy Policy also contains information about how you may access or seek correction of your information, see how that information is managed, how to make a privacy-related complaint and how that complaint will be dealt with; and
10.2 the use and disclosure of your personal information (and personal data including hardware and software information, such as device and application data) to Google:
10.3 your personal information being used by Epson (and its related entities) to send marketing materials such as conduct surveys regarding Epson branded products and/or advertisements from Epson or affiliated companies. Epson will always provide a means for you to opt out of receiving any marketing material at any time by using the web form epson.com.au/unsubscribe/.
11. Amending, changing or updating the terms and conditions and fees
11.1 Acting reasonably, Epson may amend, change or update these terms and conditions at any time to comply with laws and regulations or to reflect changes in Epson's business practices and procedures and will notify you accordingly. If you continue to use your ReadyPrint Plan after these changes have been made, you are taken to have agreed to the changes.
11.2 Epson reserves the right to change existing fees or add or remove fees for a ReadyPrint Plan which you have entered into. Epson shall give you a 30 days' notice before the change takes effect.
11.3 If you do not agree to any changes to this agreement (see clause 11.1) or a change of fees (see clause 11.2), you may terminate this agreement in accordance with clause 12.
12. Termination of the ReadyPrint Plan
You terminate
12.1 You may terminate a ReadyPrint Plan at any time (subject to the below cancellation fees). You can do so directly from your ReadyPrint Account.
12.2 Termination will be effective at the end of the then current monthly payment term. On termination for any reason, you will not be entitled to a refund of any fees which you have already paid under this agreement including any charges applicable to the Hire Agreement.
12.3 For instance, if you are invoiced every 15th of the month, and you terminate on the 25th of a given month, your payment made on the 15th of that month will not be reimbursed and will cover the agreed number of pages in your ReadyPrint Plan for the current payment term, which means you will be allowed to continue using your ReadyPrint Plan till the 14th day of the next month. Following the end of the last payment term, you may be sent one last invoice to include any usage of additional pages made in this last payment term. On the 15th day of the next month, the Device will be disabled and we will not deliver any further Consumables.
12.4 Cancellation Fees apply. A cancellation fee is payable by and charged to you if you cancel your ReadyPrint Plan prior to the expiry of the 24 month Term. As part of our liquidated damages for your early cancellation you are required to pay a cancellation fee of 80% of the balance of the remaining monthly payments of your plan, which is a capped amount depending on the applicable ReadyPrint Plan.
Printer Plan and Device | Maximum Amount of Cancellation Fee |
---|---|
ET-3800 | $200.00 |
ET-4850 | $200.00 |
ET-5800 | $300.00 |
ET-16600 | $300.00 |
For example,
Scenario: A customer pays a monthly ReadyPrint Plan fee of $24.99 for the ET-3800 Printer Plan, on a 24 month Term.
Example 1: A customer cancels their ET-3800 Printer Plan in Month 2. Usually, they would need to pay 22 months' worth of subscription fee (22 x $24.99 = $549.78), but because the maximum amount cancellation fee we are charging is $200.00, you only have to pay $200.00.
Example 2: A customer cancels their ET-3800 Printer Plan in Month 20 and only has 4 months of the plan remaining. They would therefore pay $79.97 (80% of 4 x $24.99) as this is lower than the capped $200.00.
Epson terminates
12.5 Epson may terminate this Agreement or any ReadyPrint Plan at any time for any or no reason by giving notice to you at your nominated email address.
12.6 You agree that Epson will not be liable to you for any termination of your ReadyPrint Plan or refusal of access to the ReadyPrint Plan or ReadyPrint Website. Upon termination of your ReadyPrint Plan for any reason, any rights granted to you under this agreement shall terminate and you will not be able to use the ReadyPrint Plan.
12.7.1 After the 24 months plan is over, your ReadyPrint Plan will renew and continue on a monthly basis, until notified by you. If you cancel your ReadyPrint Plan after 24 months, there will not be a cancellation fee charged.
Returning the Device
12.7.2 Upon termination of your ReadyPrint Plan you must return the Device to us. The ReadyPrint Plan will be deemed to continue and you will continue to be liable to us for monthly payments until the Device is returned to us.
12.8 Upon cancellation – You must follow the cancellation process found on the website and return the printer back to Epson within 14 days. If you fail to return the printer within 14 days or return the printer in damaged condition, you are liable for and will be charged for the reasonable costs to repair the damage. You must return the printer in its original ReadyPrint box, however, if you no longer have the box, you can send the printer to us in a safe packaged manner and we will provide you with a prepaid return slip. All standard return shipping costs outlined in the return instructions will be covered by Epson Australia.
13. Obtaining an Epson Global ID (EGID)
13.1 Membership registration. In order to obtain an Epson Global ID, you must complete the Membership Registration of the Service.
13.2 Global ID. In order to obtain an Epson Global ID, you are required to provide true and accurate information (including personal information, such as passwords and email addresses, for Epson to contact, provide guidance or notification) during the registration process.
13.3 Registration decision. Epson will determine acceptance or rejection of Your registration according to Epson's criteria. If Your registration is accepted, Epson will notify You upon completion of Membership Registration. Such Membership Registration shall be deemed to be completed upon notification by Epson under this section. At such time, Epson will issue You with an Epson Global ID and notify You accordingly.
13.4 Access to other services. You are permitted to use your Epson Global ID as a common ID for services specified on websites operated by Epson (Epson Global ID Compatible Services).
13.5 Liability excluded. Epson will not be liable for any damage incurred due to you providing false or incorrect Registration Information, and you indemnify, and will keep indemnified, Epson against any loss suffered or incurred by, or any claim, action or proceeding brought against, Epson in relation to any of the Registration Information being false, misleading or incomplete;
13.6 Epson Global ID. If you have already obtained an Epson Global ID, you can use ReadyPrint with your registered Epson Global ID and password.
13.7 Changes. Epson reserves the right to change the registration for ReadyPrint or any components thereof. Epson will provide current registrants with reasonable notice of any change in the registration and the date by which such changes are into effect. By continuing to use the ReadyPrint service you agree that the changed ReadyPrint registration process (as the case may be) is provided subject to these terms & conditions.
14. Intellectual Property Rights
Epson, and any other product or ReadyPrint name, image or logo related to the ReadyPrint Plan are trademarks of Epson or its licensors and may not be copied, imitated or used, in whole or in part. By registering into the ReadyPrint Plan you will not gain any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by Epson. Epson will retain exclusive ownership of the ReadyPrint Plan and the ReadyPrint Website and any technology related thereto and will own all related intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques.
15. Limitation of Liability
15.1 Epson will not be liable to you as a result of any delay or failure to perform its obligations to the extent such delay or failure is caused by an event or circumstance which is beyond its reasonable control. Epson will use reasonable efforts to resolve the disruption and will communicate and update you on progress.
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