AppleCare for Enterprise

Terms and Conditions

AS A COMMERCIAL ENTERPRISE PURCHASER OF APPLE PRODUCTS PURSUANT TO AN APPLICABLE PURCHASE AGREEMENT ("UNDERLYING PURCHASE"), YOU ARE ELIGIBLE TO PURCHASE THE SUPPLEMENTAL WARRANTY SERVICE PLAN DESCRIBED HEREIN ("SERVICE PLAN"). BY CONTACTING APPLE FOR SUPPORT SERVICES OFFERED UNDER THIS SERVICE PLAN, YOU (HEREINAFTER, "ENTERPRISE" OR "YOU") AGREE THAT THE FOLLOWING TERMS AND CONDITIONS ("TERMS AND CONDITIONS") GOVERN THE DELIVERY OF SERVICES UNDER THE SERVICE PLAN. PLEASE NOTE THAT SERVICES PROVIDED UNDER THE LIMITED WARRANTY IN YOUR EQUIPMENT PURCHASE AGREEMENT OR UNDER APPLICABLE LAW, AS THE CASE MAY BE, ARE GOVERNED UNDER THE TERMS OF THE RESPECTIVE PURCHASE AGREEMENT AND/OR APPLICABLE WARRANTY LAW. WITH RESPECT TO SERVICES THAT ARE GOVERNED BY THESE TERMS AND CONDITIONS, BY CONTACTING APPLE TO OBTAIN SERVICES UNDER THE SERVICE PLAN OR BY REGISTERING THE SERVICE PLAN, ENTERPRISE AGREES TO THESE TERMS AND CONDITIONS. 

The rights described in these terms and conditions in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Competition and Consumer Act 2010 and other applicable Australian consumer protection laws and regulation. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Repair of the goods may result in loss of data. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Apple Pty Ltd, PO Box A2629, Sydney South NSW 1235. Tel: 133-622.

1. The Service Plan Generally

This Service Plan is a non-insurance, supplemental warranty providing hardware service and technical support services for the Apple-branded products and the bundled accessories contained in the original packaging ("Included Devices") listed in your Service Plan documentation ("Plan Confirmation"). This Service Plan is intended to ensure that the Included Devices obtained by you through the Underlying Purchase continue to perform at the high level of quality for which Apple has become respected. Your Plan Confirmation is incorporated by reference into these Terms and Conditions.

In addition to the Included Devices, Apple will also provide hardware service and technical support services for Apple-branded mice, Apple battery chargers, and other Apple-branded accessories purchased from Apple and used with the Included Devices (which together with the Included Devices are collectively referred to as the "Included Equipment"). 

As more fully described below, this Service Plan includes three distinct benefits to Apple's enterprise customers: (a) high-end express service provided on a next business day basis for repair or replacement services due under the existing warranty provisions of the original purchase agreement(s) applicable to the Included Equipment; (b) high-end repair or replacement service provided on a next business day basis for defects in materials and workmanship on Included Equipment after expiration of the warranty provision of the original hardware purchase agreement for an additional period determined by the warranty purchased; and (c) Enterprise-requested replacement of iOS devices ("iOS Service Devices") or Mac replacement components ("Mac Service Components") from pools of iOS Service Devices ("iOS Service Device Pool") and Mac Service Components ("Mac Service Component Pool") (collectively, the "Service Replacement Pools") owned by Apple but made available to the Enterprise at its option. The Service Plan also provides enhanced IT support services to Enterprise, on a 24 hours a day, 7 days a week basis ("24/7 Basis").

2. The Plan Term

The Service Plan begins when you register the Service Plan and Apple accepts your registration, and the Service Plan ends on the date specified in your Plan Confirmation ("Plan Term"). Your Plan Confirmation will be provided to you at or about the time of purchase. Service under this Service Plan is additional to any services provided under applicable mandatory laws, the manufacturer's hardware warranty contained in the applicable original purchase agreements, and complimentary technical support. Apple will not provide services beyond the end of this Service Plan.

3. Services Provided under the Service Plan

3.1 Hardware Service

If during the Plan Term, you submit a valid service request by notifying Apple that (i) a defect in materials and workmanship has arisen in the Included Equipment, or (ii) the capacity of the Included Equipment's battery to hold an electrical charge is less than eighty percent (80%) of its original specifications, Apple will either (a) repair the defect at no charge using new parts or parts that are equivalent to new in performance and reliability, or (b) exchange the Included Equipment with a replacement device ("Replacement Device") that is new or equivalent to new in performance and reliability. Apple will use reasonable efforts to repair the Included Equipment. All Replacement Devices provided under this Service Plan will at a minimum be functionally equivalent to the original product. If Apple exchanges the Included Equipment, the original Included Equipment turned in to Apple becomes Apple's property and the Replacement Device becomes the Enterprise's property and shall be considered Included Equipment. The Service Plan will apply to the replaced Included Equipment for the remaining period of the Service Plan.

3.2 Hardware Service Options

Apple will provide hardware services to the Enterprise through one or more of these options:

(i) Next Day On-site Service. Next day on-site service is available if the location of the Included Equipment is within the scope of the on-site service area, as described online at www.apple.com/au/support/products/enterprise/onsite.html. When on-site service is requested within the service area, Apple will dispatch a service technician to the location of the Included Equipment for the purpose of performing services. Apple will use reasonable efforts to provide a service technician at the location within the response times specified on www.apple.com/au/support/products/enterprise/onsite.html. If a service technician visits a location at an agreed time and no Enterprise representative is available to provide access, Apple may charge a fee for the call. Further information about onsite service, including service area and response times, is available at www.apple.com/au/support/products/enterprise/onsite.html.

(ii) Carry-in service. Carry-in service is available for most Included Equipment products, as long as the Enterprise has made arrangements with an Apple-owned retail store location or an Apple Authorized Service Provider ("AASP") that offers carry-in service for testing and repair services, including providing the necessary Service Plan information. Service will be performed at the store or AASP location, or the store may send the Included Equipment to an Apple repair service ("ARS") site for service. Once the Enterprise or its representative is notified that service is complete, the Enterprise or its authorized representative must promptly retrieve the Included Equipment or arrange for the Included Equipment to be delivered to your location within the on-site service area by calling your service representative. Apple will pay for shipping the Included Equipment to your location. 

(iii) Mail-in Service. Direct mail-in service also is available for most Included Equipment products. If Apple determines that your Included Equipment is eligible for mail-in service and you choose this option, Apple will send or deliver to you prepaid way bills (and if you no longer have the original packaging, packaging material) and you will ship the Included Equipment to an ARS site in accordance with Apple's instructions. Once service is complete, the ARS site will return the Included Equipment to you. Apple will pay for shipping the Included Equipment to and from your location if you follow all instructions.

(iv) Express Replacement Service ("ERS") or Do-It-Yourself ("DIY") Parts Service. ERS is available for certain Included Equipment products. DIY parts service is available for many Included Equipment parts or accessories, and this will allow your information technology or similar department ("IT Department") to service your own Included Equipment, if you choose to do so. If ERS or DIY parts service is available, the following process will apply.

(a) Service where Apple requires return of the replaced Covered Equipment or part. Apple may require a credit card authorization to serve as security for the retail price of the replacement Covered Equipment or part and applicable shipping costs. If you are not able to provide credit card authorization, service may not be available to you and Apple will offer an alternative arrangement for service. Apple will ship a Replacement Device or part to you with installation instructions, if such are applicable, and any requirements for the return of the replaced Covered Equipment or part. If you follow the instructions, Apple will cancel the credit card authorization, so you will not be charged for the Covered Equipment or part and shipping to and from your location. If you fail to return the replaced Covered Equipment or part as instructed or return a replaced Covered Equipment or part that is ineligible for service, Apple will charge the credit card for the authorized amount.

(b) Service where Apple does not require return of the replaced product or part. Apple will ship you free of charge a Replacement Device or part accompanied by instructions for installation, if applicable, and any requirements for the disposal of the replaced product or part.

(c) Apple is not responsible for any labor costs you incur in respect to ERS or DIY parts service. Should you require further assistance with the ERS or DIY service after you receive the replacement part, you should contact your Apple representative as listed on your Service Plan.

3.3 Technical Support

3.3.1 IT Department Technical Support

Upon acceptance of Enterprise's registration, Apple will provide technical support services ("Support Services") on Apple software products or related technologies ("Supported Products") for the applicable Service Plan, all as described at the following online webpage: www.apple.com/legal/sales-support/applecare/docs/AppleCare_Service_Plan.pdf ("Service Plan Support Page"). Apple reserves the right to amend the Support Services provided and/or Supported Products included under the Service Plan, at any time, by posting updates to the Service Plan Support Page. Apple will not amend the Support Services and/or Supported Products in a way that (i) materially reduces the benefits provided to Enterprise under the Support Services, (ii) materially impacts Apple's obligation to deliver the Support Services to Enterprise, or (iii) materially impacts the rights or benefits that Enterprise receives under the Support Services. For any updates that affect Enterprise's Service Plan, Apple will notify Enterprise of the update via the email address registered by Enterprise no less than thirty (30) days prior to the effective date of the update. The terms described at the Service Plan Support Page, as may be amended from time to time, are incorporated into these Terms and Conditions as if fully set forth herein. In the event of any inconsistencies between the terms in this document and the terms at the Service Plan Support Page, the terms at the Service Plan Support Page will govern.

3.3.2 End-User Technical Support

During the Plan Term, Apple will provide your end-users with access to telephone and web-based technical support resources ("End-User Technical Support") on a 24/7 Basis. End-User Technical Support may include assistance with installation, launch, configuration, troubleshooting, and recovery (excluding data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required. Apple will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section, the term "Major Release" means a significant version of software that is commercially released by Apple in a release number format such as "1.0" or "2.0" and which is not in beta or pre-release form.

3.4 Scope of End-User Technical Support

Under the Service Plan, Apple will provide End-User Technical Support for the following:

(i) Included Equipment.

(ii) macOS, iOS, tvOS, and watchOS operating systems ("OS") and Apple-branded software applications that are designed to operate with the Included Equipment, including, but not limited to, Keynote, Pages, Numbers, Photos, iMovie, GarageBand, Aperture, Final Cut Pro, Logic Pro, Motion, Compressor, MainStage (also referred to collectively as "Software"). Apple will also provide technical support using the graphical user interface for server administration and network management issues on Apple's operating system server software ("macOS Server") on a Mac.

(iii) Connectivity issues between Included Equipment and a Supported Computer. A "Supported Computer" means a computer that meets the Included Equipment's connectivity specifications and runs an operating system supported by the Included Equipment.

3.5 Managed Inventory

3.5.1 Service Replacement Pools

During the Plan Term, Apple will make available to Enterprise two replacement pools to replace the components of an Included Device (each request referred to as a, "Fulfillment Request"). 

(i) iOS Service Device Pool. Apple will make available an iOS Service Device Pool to the Enterprise consisting of iOS devices (iPad, iPhone, and iPod Touch) ("iOS Devices") that are new or equivalent to new in performance and reliability, the total number of which shall not exceed 5% of the total number of iOS Devices that are Included Devices under the Service Plan. Enterprise may, except as described in section 4.1.1, draw from the iOS Service Device Pool to replace iOS Devices that are Included Devices at any time and for any reason (each draw of an iOS Device constituting a single Fulfillment Request), subject always to the availability of iOS Devices remaining in the iOS Replacement Pool, so long as Enterprise returns an Included Device that will be replaced to Apple. The iOS Device that is returned to Apple shall become Apple's property, without lien or other encumbrance, and the iOS Device from the iOS Service Device Pool shall become the property of the Enterprise, without lien or other encumbrance. The iOS Device from the iOS Service Device Pool will be the same model as the iOS Device returned to Apple. If the Service Plan ends for any reason prior to the Enterprise's use of all available iOS Service Devices in the iOS Service Device Pool, Enterprise's interest in and access to the iOS Service Devices in the iOS Service Device Pool shall immediately cease, and the iOS Service Devices in the iOS Service Device Pool shall immediately revert to Apple's sole and unconditional ownership.

(ii) Mac Service Component Pool. Apple shall set aside an inventory of parts in the Mac Service Component Pool sufficient to fully rebuild up to 2% of the total Mac devices that are Included Devices ("Mac Included Devices"). Enterprise shall have the right to ask Apple to make available parts necessary from the Mac Service Component Pool to replace nonfunctioning components of any Mac Included Device (each request constituting a Fulfillment Request). Apple shall have discretion to determine which parts need to be replaced in order to make the Mac Included Device functional again. Each Fulfillment Request by Enterprise shall, regardless of the number of individual parts needed to fulfill the request, be deemed a single Fulfillment Request. The number of Fulfillment Requests permitted by the Enterprise shall be equal to 2% of the volume of the total Mac Included Devices. Apple will install replacement parts without cost to the Enterprise. 

Any parts drawn from the Mac Service Component Pool and installed into a Mac Included Device shall become the Enterprise's property, without lien or other encumbrance. Any parts removed from a Mac Included Device during installation of parts from the Mac Service Component Pool shall become Apple's property, without lien or other encumbrance. 

If the Service Plan ends for any reason prior to the Enterprise's use of all available parts in the Mac Service Component Pool, Enterprise's interest in and access to the parts in the Mac Service Component Pool shall immediately cease, and the parts in the Mac Service Component Pool shall immediately revert to Apple's sole and unconditional ownership.

3.5.2 Service Plan Applies to iOS Service Devices and Mac Service Components

The Service Plan shall apply to iOS Service Devices and Mac Service Components, and each iOS Service Device or Mac Service Component shall become an Included Device for the balance of the Term of the Service Plan. 

3.5.3 Failure to Provide Replaced Device to Apple

If Enterprise requests an iOS Service Device or Mac Service Component (a "Replaced iOS Service Device" or "Replaced Mac Service Component", respectively) from the iOS Service Device Pool or Mac Service Component Pool on the basis that Enterprise intends to return the Replaced iOS Service Device or Replaced Mac Service Component, but fails to return the Replaced iOS Service Device or Replaced Mac Service Component to Apple within 14 days of receipt of the iOS Service Device or Mac Service Component, the Enterprise will be charged for the Replaced iOS Service Device or Replaced Mac Service Component at the then current manufacturer suggested retail price for the device supplied to the Enterprise. In these circumstances, the iOS Service Device or Mac Service Component will not become an Included Device under the Service Plan.

4. Plan Limitations

4.1 Hardware Service and Managed Inventory Limitations

4.1.1 Limitations Applicable to Both Hardware Service and Managed Inventory

The hardware services described in section 3.1 and access to the managed inventory described in section 3.5 do not apply to:

(i) Installation, removal or disposal of the Included Equipment, or the provision of equipment while the Included Equipment is being serviced or repaired; 

(ii) Included Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer; or

(iii) Included Equipment that has been lost or stolen.

4.1.2 Limitations Applicable to Only Hardware Service

The hardware service described in section 3.1 does not apply to:

(i) Damage caused by (a) a product that is not the Included Equipment, (b) abuse, recklessness, willful or intentional conduct, misuse, liquid contact other than as a result of defect in material and workmanship, fire, earthquake, flood or other external cause, (c) operating the Included Equipment outside the permitted or intended uses described by the manufacturer, or (d) service (including hardware upgrades and expansions) performed by anyone who is not a representative of Apple or an AASP; 

(ii) Cosmetic damage to the Included Equipment that does not otherwise affect the functionality of the Included Equipment, including, but not limited, to scratches, dents, and broken plastic on ports; 

(iii) Preventive maintenance on the Included Equipment; 

(iv) Included Equipment containing hazardous material, including, but not limited to, biological materials and allergens that present a risk to human health; 

(v) Defects caused by normal wear and tear or otherwise due to normal aging of the product; or

(vi) Excessive or catastrophic damage (e.g., Included Equipment that is crushed, bent, or partially or wholly submerged in liquid).

4.2 Technical Support

The technical support described in section 3.3 of this Service Plan does not include:

(i) Issues that could be resolved by upgrading software to the then current version, provided, however, that Apple will provide Enterprise with instructions and support on upgrading software;

(ii) Enterprise's or its employee's or agent's use of or modification to the Included Equipment, the OS, or Software in a manner for which the Included Equipment or Software is not intended to be used or modified;

(iii) End-User Technical Support for third-party products and software or their effects on or interactions with the Included Equipment, the OS, or Software;

(iv) Technical Support for OS software or any Apple-branded software designated as "beta", "prerelease," or "preview" or similarly labeled software;

(v) End-User Technical Support for macOS software for servers, except when using the graphical user interface for server administration and network management issues in macOS Server on a Mac;

(vi) Third-party web browsers, email applications, and internet service provider software, or the OS configurations necessary for their use;

(vii) Damage to, or loss of any software or data residing or recorded on the Included Equipment; Recovery and reinstallation of software programs and user data are not included under this Service Plan; and

(viii) Issues relating to internet, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, or other issues except as otherwise specifically described as being within the scope of the Support Services under your Service Plan.

5. Technical Support Limitations

5.1 Support Incidents

A "Support Incident" is a specific, discrete problem whose origin can be isolated to a single cause. Apple will make best efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. Apple, in its sole discretion, will determine what constitutes a Support Incident and, to the extent permitted by law, if the Support Incident is resolved. Generally, a Support Incident is resolved when Enterprise receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue.

5.2 Response Times

Apple will provide Support Services on a 24/7 Basis, subject to the exceptions described in the Service Plan's Hours of Operations described on the Service Plan Support Page. Apple will make best efforts to respond to a Support Service request diligently within the response time described under the Service Plan, but does not guarantee that a resolution will be provided within a specific time period.

5.3 Use

Support Services are not intended for use in connection with high risk activities or functions, including, without limitation, the operation of nuclear facilities, aircraft navigation, communication systems, systems used to dispatch first responders, air traffic control services, life support systems or services, or other activities in which the failure of the Support Services quickly to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.

5.4 Technical Contacts

Support Services are provided to persons designated by Enterprise at time of registration and as allowed under the Service Plan ("Technical Contacts"). Technical Contacts are the sole liaisons between Enterprise and Apple for technical support of the Service Plan. If Enterprise wishes to change the Technical Contacts, Enterprise must give no less than five (5) days written notice of the change to Apple at the applicable address listed below or enter the changes directly via the Enterprise's secure, customized website as described in the instruction documents delivered at the start of the Service Plan.

6. Obtaining Service and Support

You may obtain services by following the instructions provided in your Plan Confirmation.

7. Enterprise Responsibilities

7.1 General

To receive Services, Enterprise must register the Service Plan and follow the access instructions provided by Apple. Enterprise is responsible for all fees in establishing and maintaining email and telephone communications with Apple. Enterprise will cooperate with Apple when requesting Support Services by providing information to Apple necessary to assist in diagnosing any technical issue. Enterprise is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Enterprise will maintain and implement a complete data backup and disaster recovery plan. Enterprise is solely responsible for any and all security of its confidential, proprietary or classified information. Enterprise will not disclose to Apple confidential, proprietary or any information that is subject to intellectual property rights, which may expose Apple to liability. Enterprise will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system on which it is operating. Enterprise may not transfer Support Services to a third party. Support Services are provided for the internal use of Enterprise only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of this Service Plan. Enterprise will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Enterprise will not abuse its receipt or use of Support Services, including, but not limited to, accessing Support Services to perform routine updates or other task reasonably within the purview and skill of Enterprise's own IT Department.

In the event that Support Services are provided at an Enterprise's location as part of a Service Plan, Enterprise will ensure that Apple or its authorized representative is granted access to the location at the arranged time. Enterprise will secure a safe working environment sufficient for Apple to perform the Support Services. 

7.2 Minimum Fleet

Enterprise is required to maintain a minimum of 1,000 Included Devices ("Fleet"). If at any time during the Term of this Service Plan Enterprise's Fleet size falls below 1,000 for more than twelve (12) months, Enterprise shall be deemed to be in breach of the Terms of this Service Plan and this Service Plan may be cancelled by Apple pursuant to Section 11 - Cancellation. Further, Apple may permit Enterprise to purchase this Service Plan prior to meeting the minimum Fleet size. In such instance, Enterprise will have twelve (12) months from purchase of this Service Plan to increase the Fleet size to meet the minimum Fleet size requirement.

8. Remote Access Support Services

As part of the Service Plan, Apple may provide Support Services via internet remote access, whereby it will access, and if permitted by Enterprise, control and gather, information on Enterprise's computer through the installation and use of remote access software. Installation and use of the remote access software by Enterprise indicates its permission for Apple to provide Support Services in this way. All or portions of the remote access software files may remain on Enterprise's computer after the Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with Apple and/or its licensors. Use of the applicable remote access software may be subject to additional licensing terms available at www.apple.com/legal/sales-support/remote-support/. Enterprise may not disassemble or reverse engineer any portion of the remote access software. While remote access Support Services are provided, Apple will only access, control and gather information on Enterprise's computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. Apple recommends that Enterprise close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Enterprise's computer will allow Enterprise to terminate the remote access Support Service session at any time.

9. Disclaimer of Warranty

ALTHOUGH APPLE CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, APPLE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PLAN IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, APPLE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATING TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

10. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, APPLE'S AND ITS LICENSOR'S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY ENTERPRISE FOR THE SERVICE PLAN ORDERED BY ENTERPRISE. IN NO EVENT SHALL APPLE AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY (WHETHER IN TORT, INCLUDING NEGLIGENCE, CONTRACT, OR OTHERWISE), WHETHER OR NOT APPLE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OTHER DISCLAIMERS MAY BE CONTAINED IN THE LICENSING TERMS APPLICABLE TO THE REMOTE ACCESS SOFTWARE AVAILABLE AT www.apple.com/legal/sales-support/remote-support/.

11. Cancellation

You may cancel this Service Plan at any time for any reason. If you decide to cancel this Service Plan, you may call Apple at 1-300-321-456 to do so, or you may send written notice with your Plan Agreement Number to AppleCare Administration, Apple Pty. Limited at PO Box A2629, Sydney South, NSW 1235. You must send a copy of the Service Plan's original proof of purchase with your notice. Unless local law provides otherwise, if you cancel within thirty (30) days of purchase of the Service Plan, or receipt of the Service Plan, whichever occurs later, you will receive a full refund less the value of any service provided under the Service Plan. If you cancel more than thirty (30) days after your receipt of this Service Plan, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Service Plan term, less the value of any service provided to you under the Service Plan.

Unless applicable local law provides otherwise, Apple may terminate a Service Plan at any time (a) if after providing Enterprise no less than fifteen (15) days' prior written notice, Enterprise fails to pay fees due for a Service Plan, (b) if after providing Enterprise no less than thirty (30) days' prior written notice, Enterprise fails to cure a breach of these Terms and Conditions, (c) if Enterprise breaches a term of any software license agreement governing the use of software provided under a Service Plan, or (d) for fraud or material misrepresentation by Enterprise, its employees or agents. Unless applicable local law provides otherwise, Apple may also cancel this Service Plan if service parts for the Included Equipment are not available, upon thirty (30) days prior written notice. If Apple cancels this Service Plan for the unavailability of service parts, you will receive a pro-rata refund for the Service Plan's unexpired term. Sections 9, 10 and 15 will survive termination of this Service Plan for any reason.

12. Apple; Governing Law

"Apple" is Apply Pty. Limited, PO Box A2629, Sydney South, NSW 1235, Australia Tel: 133 622. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF NEW SOUTH WALES, AND THE COURTS OF NEW SOUTH WALES WILL HAVE JURISDICTION OVER THE MATTER. 

13. Use of Software

In the event that software is provided as part of a Service Plan, such software is the copyrighted works of Apple Inc. and/or its licensors. Enterprise may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software. Any software that is made available to the United States Government under these Terms and Conditions is classified as "restricted computer software" as defined in clause 52.227-19 of the Federal Acquisition Regulations ("FAR"). The United States Government's rights to the software are as provided in clause 52.227-19 of the FAR.

14. Data Protection and Privacy

Enterprise agrees and understands that it is necessary for Apple to collect, process and use Enterprise data in order to perform the service and support obligations under the Service Plan. This may include transferring Enterprise data to affiliated companies or service providers in accordance with the terms of the Apple Privacy Policy (www.apple.com/legal/privacy). Apple will protect Enterprise's information in accordance with the Apple Privacy Policy. If employees of the Enterprise wish to have access to the information that Apple holds concerning them or if employees of the Enterprise want to make any changes, the employees of the Enterprise may update their contact preferences by accessing the Privacy Update webpage (www.apple.com/contact/myinfo). Apple may record part or all of the calls between Enterprise's representatives and Apple for training, quality assurance and reference purposes.

Important - Apple may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a support session. Enterprise should advise its employees, agents and contractors who may be in possession of Included Equipment of this obligation.

15. Miscellaneous

15.1 No Assignment

Enterprise may not assign its rights or obligations under a Service Plan without the prior consent of Apple. Any unauthorized assignment will be void. 

15.2 Force Majeure

Apple will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. 

15.3 No Waiver

A waiver of any breach or default under this Service Plan shall not constitute a waiver of any subsequent breach or default. 

15.4 Enforceability

If a court of competent jurisdiction holds that any provision of this Service Plan is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Service Plan. 

15.5 Entire Agreement

The Service Plan, including any additional terms referenced on the web pages referenced and incorporated herein, constitutes the entire agreement between Apple and Enterprise with regard to the Service Plan, including the Support Services and Service Replacement Pools, provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Apple unless made in writing and signed by an authorized representative of Apple. Any term or condition on any order or other document submitted by Enterprise shall be of no force or effect whatsoever, and is specifically rejected.

020717 Master Terms AppleCare for Enterprise - Australia v2.1