Terms

The terms and conditions (Terms) under which Termatrac Pty Ltd ACN 625 513 573 (Termatrac, we, our or us) provides iTCare Membership (iTCare), and the responsibilities of the purchaser or holder of iTCare (Member, you or your), are set out below.

1. PURPOSE

1.1. iTCare is an after-care and customer-care program for eligible Termatrac customers. It may include a no-fee Basic membership level and paid membership levels such as Silver, as confirmed by Termatrac from time to time.

1.2. iTCare is available only for eligible Termatrac devices, Termatrac accessories, software products and service benefits as approved and communicated by Termatrac. The services covered by iTCare are subject to these Terms, the relevant quotation, order form, invoice, membership confirmation, current pricing schedule, any applicable service schedule and any applicable law.

1.3. iTCare is intended to support eligible Termatrac iTraker devices through selected services, support, calibration, warranty protection, software access, training and member benefits during the active membership period. It is not a substitute for proper training, professional inspection practice, Australian Consumer Law rights, or any separate written agreement expressly signed by Termatrac.

1.4. Termatrac may offer separate promotions, trial periods, founding member offers or regional programs. These are not part of the General Terms unless expressly stated in writing and may be subject to separate offer terms.

2. GENERAL

2.1. Acceptance. The Member accepts these Terms by signing an iTCare application or agreement, submitting a purchase order, accepting a quotation, paying an iTCare invoice, renewing iTCare, activating an iTCare account, clicking or confirming acceptance online, using any iTCare benefit, or otherwise receiving services under iTCare.

2.2. Basic activation. Once Termatrac approves a company account, the account may be activated at Basic without payment. Device-linked Basic benefits become available only after each device is registered by serial number and approved by Termatrac.

2.3. Paid membership activation. Paid membership benefits, including Silver benefits, are available only after the required payment or payment arrangement has been completed, the relevant device has been registered by serial number, Termatrac has confirmed device eligibility, and Termatrac has confirmed activation.

2.4. Termatrac may require proof of purchase, proof of membership, customer details, device details, photographs, diagnostic information, inspection or other reasonable information before activating or continuing any benefit.

2.5. Company account and registered devices. One company may hold one iTCare account and member number. That account may contain multiple registered devices and multiple per-device membership records. Each registered device may have its own membership level, start date, renewal date, benefit status and service history.

2.6. Registered device. Each paid iTCare Membership applies to one registered device unless Termatrac confirms a different arrangement in writing. A separate paid Membership is required for each paid device membership.

2.7. Non-transferability. iTCare is linked to the registered device serial number and the Member account. It is not automatically transferable to another device, new owner, business, region or entity. Any transfer requires Termatrac approval and may require proof of sale, device inspection, registration update and payment of applicable transfer, setup, inspection, calibration or reinstatement fees.

2.8. Authorised service. Services must be requested through Termatrac or an Authorised Service Centre. Termatrac may pre-qualify, approve, reject, redirect or delay a service request depending on membership status, device condition, location, parts availability, fault description, safety, compliance and operational requirements.

2.9. Exclusions from eligibility. A device may not qualify for iTCare services if it is non-genuine, counterfeit, stolen, lost, modified, tampered with, opened without authority, heavily damaged, unsafe, unsupported, obsolete, outside serviceable condition, serviced by an unauthorised person or affected by Abuse.

2.10. Changes to Terms. Termatrac may update these Terms from time to time. Updated Terms will apply to new Memberships, renewals and continued use after notice of the change. Material changes will not remove a specific paid benefit already due during a current prepaid fixed term unless required for legal, safety, technical, compliance or operational reasons.

3. RESPONSIBILITIES

3.1. Member responsibilities. The Member must keep accurate and up-to-date records of all registered devices, serial numbers, device locations, users, billing details and contact details. The Member must cooperate with Termatrac in diagnosing faults, provide reasonable information requested by Termatrac, make the device available for inspection or service, and ensure users are appropriately trained.

3.2. Device care. The Member must use the device and software in accordance with operating instructions, keep the device secure and reasonably protected from damage, arrange freight and insurance where required, and not misuse any iTCare service, training content, software access, loan device or member benefit.

3.3. Termatrac responsibilities. Termatrac will use reasonable commercial efforts to provide iTCare services with reasonable skill and care and in a manner that seeks to minimise disruption to the Member. Service times are estimates only and may vary depending on parts availability, freight, customs, workload, location, technical requirements and diagnostic findings.

4. DESCRIPTION OF iTCARE SERVICES

4.1. Technical assistance. Basic members may receive standard technical support through Termatrac's normal channels. Silver members may receive priority portal support where included in the relevant membership level. Priority support may include troubleshooting assistance, product support, training guidance, support escalation and access to selected support resources. Priority support does not guarantee immediate availability or a fixed response time unless Termatrac confirms this in writing.

4.2. Registered device repair or replacement. Where a registered device has been pre-qualified by Termatrac as having an eligible fault covered by iTCare, Termatrac may, at its discretion and subject to applicable law, repair, replace, refurbish, service, provide an equivalent replacement, or offer another reasonable remedy. Replacement devices or parts may be new, refurbished, equivalent or comparable.

4.3. Continuous coverage. To be eligible for warranty protection, repair or replacement services under iTCare, the device may need to have been continuously covered by an active paid iTCare Membership. Lapsed or expired Memberships may require inspection, calibration, reinstatement fees, additional charges or a waiting period before benefits are reinstated.

4.4. Annual calibration and certification. Where included in the membership level, annual calibration provides one calibration and certificate for each eligible registered device per membership year. The entitlement resets on the device membership anniversary, expires if unused, has no cash value and does not roll over to a later membership year. The entitlement is not available while the relevant membership is suspended, delinquent, cancelled, expired or otherwise not in good standing.

4.5. Calibration scope. Unless expressly included in writing, calibration does not include repairs, replacement parts, cosmetic refurbishment, freight, insurance, customs duties, import charges, local taxes or other third-party charges. A calibration certificate confirms calibration at the date of testing only and does not guarantee future performance if the device is dropped, damaged, exposed to moisture, modified, misused or used incorrectly.

4.6. Basic paid calibration bookings. Basic members may lodge a paid calibration booking through the portal where the service is available. Payment and acceptance may be handled manually by Termatrac. A booking may be cancelled or rescheduled before the device has been received and before work has started. Once the device has been received and calibration or service work has started, cancellation or rescheduling is not available unless Termatrac agrees otherwise in writing or applicable law requires otherwise.

4.7. Accessories. Accessories are covered only if the relevant iTCare membership level expressly includes accessory coverage, Termatrac approves the claim, and the accessory is returned for evaluation when requested. Individually purchased, ancillary, consumable or non-essential accessories are not covered unless Termatrac confirms otherwise in writing.

4.8. Software, app and firmware support. Where included, iTCare may provide support for the iTraker app, TCloud reporting, firmware, training portal, reporting functions, device data tools or other approved software. Support may require the Member to use compatible hardware, approved operating systems, current software releases, internet access and registered user accounts. Termatrac is not required to support outdated, modified or unsupported software versions.

4.9. Updates and upgrades. Termatrac may provide software updates or upgrades at its discretion. Updates, upgrades, new features, AI-assisted reporting tools, cloud functions and integrations may be added, changed, suspended, withdrawn or separately charged unless specifically included in the membership confirmation.

4.10. Training resources and certification seats. Where included, iTCare may provide access to online training resources covering device setup, radar interpretation, moisture inspection, thermal imaging, building inspection, pest inspection, reporting and refresher materials. Training access is for the Member's internal business use only and must not be copied, sold, shared, published, downloaded or redistributed without Termatrac's written consent. The maximum number of training certificate seats equals the number of approved registered devices under the company account unless Termatrac confirms otherwise in writing. The cap applies to both Initial Operator and Certified Technician certificates.

4.11. Loan devices and rental devices. Loan or rental devices may be offered only in selected regions and only where the relevant membership level and service case permits. Loan requests must relate to an active calibration booking or approved repair case unless Termatrac agrees otherwise in writing. Termatrac will handle the shipping cost for the loaned device unless the relevant loan confirmation states otherwise. The return due date will be specified when the loan device is prepared. Loan and rental devices remain the property of Termatrac or the relevant authorised provider. The Member is responsible for loss, theft, damage, late return, customs charges and any agreed replacement, repair or late fees.

4.12. Digital membership certificate. Where issued, a digital membership certificate is evidence of membership status only for the stated validity period and current active device coverage. It does not override the live account status, device status, eligibility status or these Terms. If the relevant membership is suspended, cancelled, expired or not renewed, the certificate must not be represented as current or active, although historical copies may be retained.

4.13. Member discounts and offers. Discounts, offers, accessories, coupons, promo codes and promotions are subject to availability, region, product, stock, membership level and specific offer terms. They are not guaranteed as permanent discounts, cannot be exchanged for cash, applied retrospectively, or combined with distributor pricing, special pricing or other promotions unless Termatrac approves this in writing.

5. AVAILABILITY OF SERVICES

5.1. Worldwide service support. Termatrac aims to support iTCare Members worldwide, subject to service availability, product eligibility, freight arrangements, local regulations, and the availability of authorised service or calibration providers.

5.2. Calibration centre availability. Calibration and physical servicing are only available through selected Termatrac-approved calibration centres or Authorised Service Centres. Where the device was purchased through an authorised vendor, distributor, service centre or regional provider, the Member may be required to send the device to the authorised provider or calibration centre nominated for that region.

5.3. Termatrac head office nomination. If there is no suitable local calibration centre, authorised vendor, distributor or regional provider available, Termatrac Australia Head Office may nominate the appropriate calibration centre, Authorised Service Centre or service location where the Member must send the device.

5.4. Territorial limitations. Not all services are available in all countries, states, territories or regions. Calibration locations, service centres, turnaround times, freight arrangements, software access, training resources, loan devices and support availability may vary by country, product, service provider and local requirements.

5.5. Availability by product. Services may vary by device type, model, serial number, age, condition, software version, operating system compatibility and serviceable status. Termatrac may decline, limit or modify services for unsupported, obsolete, discontinued, non-genuine, damaged, modified or end-of-life products.

5.6. Shipment and related costs. Unless Termatrac agrees otherwise in writing, the Member is responsible for sending the device to the nominated service or calibration centre and for all related freight, insurance, customs clearance, duties, import charges, local taxes, bank fees and other third-party costs. Termatrac may nominate the carrier, shipping method, service location or calibration centre to be used.

6. PAYMENT TERMS, TERM, RENEWAL AND CANCELLATION

6.1. Quotes and validity. A quote, pricing schedule or promotional price is valid only until the expiry date or expiry time stated on that quote. Unless a quote states a different expiry period, a quote issued by Termatrac is valid for 48 hours from the time of issue. After the quote expires, Termatrac may withdraw the quote, reissue it, change the price, change the applicable promotion or require updated availability and eligibility checks before accepting an order.

6.2. Pricing confirmation. The applicable membership fee, billing frequency, term, device coverage, covered serial number, start date, renewal date and any promotional price will be shown in the quotation, order form, invoice, checkout screen, membership agreement, pricing schedule or membership confirmation. Prices are not hard-coded into these General Terms and may change for future purchases or renewals.

6.3. Payment. Membership fees are payable in advance unless Termatrac agrees otherwise in writing. Taxes, duties, freight, bank fees and other third-party charges are the Member's responsibility unless stated otherwise. Monthly instalments provide payment flexibility only and do not convert a fixed 12-month term into a month-to-month cancellable membership during that fixed term.

6.4. Annual upfront payment. Where the Member selects annual upfront payment, the annual membership fee is payable before activation or renewal. No refund is payable for unused services or unused portions of the term except where required by applicable law or expressly agreed in writing by Termatrac.

6.5. Monthly payment option. Where the Member selects monthly payment, the monthly payment option is a payment arrangement for a fixed 12-month membership term. It is not a month-to-month cancellable service during the active fixed term. The Member agrees to maintain and pay for the membership for the full 12-month term from the membership start date unless Termatrac agrees otherwise in writing or applicable law requires otherwise.

6.6. Early cancellation of monthly payment option. If the Member cancels or seeks to end a monthly payment membership before the end of any active fixed 12-month term, the remaining monthly payments for the balance of that term become immediately due and payable, subject to applicable law. This rule applies to the initial fixed term and to each renewed fixed term.

6.7. Term. Unless otherwise stated in the quotation, invoice, membership confirmation or renewal notice, paid iTCare services remain available for each registered device for 12 months from the membership start date. Each newly activated paid device membership begins its own fresh 12-month term from that device's activation date unless Termatrac confirms another arrangement in writing. Existing prepaid terms are not retrospectively repriced unless Termatrac expressly agrees in writing.

6.8. Renewal and automatic renewal. Silver Annual automatically renews for a further 12-month term at the price that applied to the Member's current term, unless the Member cancels renewal at least 30 calendar days before the renewal date, the account is not in good standing, the device is no longer eligible, or Termatrac confirms non-renewal in writing. Termatrac may change that price for a future renewal by giving the Member at least 30 days' written notice before the renewal date, and the Member may cancel the renewal before the change takes effect without charge. Each renewal of Silver Monthly creates a new fixed 12-month membership term, with monthly payments being instalments for that full renewed term, at the price that applied to the Member's current term unless changed in the same way.

6.9. Stopping an upcoming renewal. To stop an upcoming automatic renewal, the Member must cancel renewal at least 30 calendar days before the relevant renewal date. Cancellation requests received inside the 30-calendar-day period may take effect at the end of the next renewal term unless Termatrac agrees otherwise in writing or applicable law requires otherwise.

6.10. Delinquent accounts. An account may be treated as delinquent if the Member does not complete the purchase process, fails to make required payments, payment is reversed or dishonoured, direct debit or card authority fails, the Member is overdue with loan or rental equipment, or required billing or registration information is not provided.

6.11. Effect of non-payment. Failed payments may be retried automatically during a grace period. If the payment failure is not resolved, Termatrac may suspend, delay, cancel, withhold or terminate iTCare services, software access, training access, support, calibration, repairs, replacements, discounts, loan devices and other membership benefits until the account is brought up to date. Amounts already due remain payable despite suspension, cancellation or termination.

6.12. Manual settlement and reinstatement. Termatrac may agree to manual settlement, account review or reinstatement in writing where appropriate. Reinstatement may require payment of arrears, inspection, calibration, reinstatement fees, updated registration or other reasonable requirements.

6.13. Lapsed memberships and Basic fallback. If a paid membership reaches its proper end date and is not renewed, the relevant device returns to Basic if it remains eligible. Paid membership-only benefits cease from the end date. Historical calibration, training and membership records may remain available through the Basic portal, subject to system availability and privacy requirements. A delinquent, suspended or terminated membership does not automatically become a clean Basic membership until payment, termination, reinstatement or other outstanding issues are resolved to Termatrac's reasonable satisfaction.

6.14. Termination for cause. Termatrac may terminate iTCare immediately if the Member defaults, fails to pay, breaches these Terms, misuses membership benefits, falsifies a claim, uses iTCare for products not covered, provides false or misleading information, breaches applicable law, misuses or tampers with a device, exports or uses a device unlawfully, or creates a safety, legal, compliance, security or operational risk.

6.15. End-of-life products. If Termatrac stops distributing or servicing a registered device, or the device becomes end-of-life, Termatrac will use reasonable efforts to honour iTCare obligations to the extent necessary resources, parts, tools, software, service centres and systems remain available. If the Member purchases a direct replacement or comparable Termatrac product, Termatrac may approve transfer of the remaining membership term to the replacement product.

7. LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES

7.1. Service standard. Termatrac will provide iTCare services with reasonable care and skill. Any service or replacement part warranty applies only to the extent stated in writing by Termatrac and subject to applicable law.

7.2. Not a product warranty replacement. These Terms do not replace the warranty accompanying the original device at the time of purchase. iTCare provides selected after-care benefits only to the extent described in these Terms and the relevant membership confirmation.

7.3. No guarantee of detection or inspection outcome. Termatrac devices and software are professional inspection tools designed to assist trained users. They do not replace professional judgment, visual inspection, invasive inspection where required, regulatory compliance, reporting obligations or independent expert assessment. No device can guarantee detection of every pest, moisture issue, movement source, concealed defect or building condition.

7.4. Exclusions. iTCare does not cover loss, theft, misuse, negligence, abuse, accidental damage, impact damage, crushed devices, water ingress, liquid damage, corrosion, heat damage, fire damage, normal wear and tear, cosmetic damage, unauthorised repair or modification, incorrect charging, non-approved accessories, operation outside specifications, or damage caused by events beyond Termatrac's reasonable control.

7.5. Limitation of liability. To the maximum extent permitted by law, Termatrac's liability arising out of or in connection with iTCare is limited, at Termatrac's option, to the resupply of the relevant services, repair of the device, replacement of the device, or refund of the relevant membership fee.

7.6. Excluded loss. To the maximum extent permitted by law, Termatrac is not liable for indirect, incidental, consequential, special, punitive or economic loss, including loss of profits, revenue, contracts, goodwill, data, opportunity, use, business interruption, inspection claims, customer claims or third-party claims.

7.7. Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or protection that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law. Where such laws apply, these Terms operate subject to those rights.

8. GOVERNING LAW

8.1. These Terms are governed by the laws of Queensland, Australia, unless mandatory laws require otherwise.

8.2. Before commencing legal proceedings, the parties must first attempt to resolve any dispute in good faith by negotiation. If the dispute is not resolved, either party may refer the dispute to mediation in Queensland, Australia, unless another process is required by applicable law.

9. PRIVACY POLICY AND INTERNATIONAL TRANSFERS

9.1. Termatrac may collect and use customer information to administer iTCare, provide support, process calibration and repairs, deliver training, operate software, issue invoices, manage payment arrangements, maintain service records, verify device eligibility and communicate product or service updates.

9.2. Where cloud reporting or app services are used, inspection data, device data, images, reports, user details and account activity may be processed through Termatrac systems or approved service providers. The Member must ensure it has all necessary rights, consents and notices to provide that information to Termatrac.

9.3. International customers acknowledge that service, support, repair, calibration, software and data processing may involve cross-border communication, service centres, hosting providers, authorised partners or suppliers. Termatrac will handle personal information in accordance with its privacy policy and applicable privacy laws.

10. DEFINITIONS

ACKNOWLEDGEMENT

By purchasing, renewing, activating, using, receiving services under, or signing any application form for iTCare, the Member acknowledges that they have read, understood and agreed to these Terms.

CONTACT DETAILS

Termatrac Pty Ltd
Unit 26 / 20-22 Ellerslie Road, Meadowbrook QLD 4131, Australia
Email: support@termatrac.com
Website: www.termatrac.com