Ipad Program Lease Acceptance

Heidelberg Primary School

iPad Program Lease Acceptance

TERMS AND CONDITIONS

November 2016

1.Definitions

• HPS means Heidelberg Primary School,120 Cape St. Heidelberg Victoria
• Renter means the person or persons named in the Schedule hereto.
• Student means the person named in the Schedule being a student enrolled at HPS.
• Rental Period means the period between the start and end dates as specified in the Schedule.
• Contract means the rental contract between HPS and the Renter which incorporates these terms and conditions.
• Due Date means the Due Date for the payment of the rent instalments, as specified in the Schedule.
• iPad means the iPad specified in the Schedule together with any accessories, parts or software supplied with the iPad

2.Interpretation

(a)Unless otherwise stated a reference to a party includes that party’s executors, administrators, successors, assigns and personal representatives.

(b)If a party comprises two or more persons they are each jointly and severally liable for the performance of the terms of this contract.

(c)When the day for doing any act in this contract is not a business day, that act should be done on the immediately preceding business day.

1. Bond and Rental payment

(a)HPS shall rent the iPad to the Renter during the rental period. The Renter shall pay the rental fees set out in the Schedule. The rental fees must be paid by the due date without any set off or deduction. All payments must be made by credit card.

(b)The rental fee does not include any consumables such as paper, ink or toner that may be required to be used with the iPad.

(c) The Renter shall pay by way of a bond the amount specified in the Schedule:

(i)The Bond will be held by HPS until the end of the rental period.

(ii)HPS shall be entitled to draw down on the bond if:

1. rental fees are not paid, or
2. to pay for any repairs or to replace the iPad, if the iPad is damaged or lost and the cost of either repairing or replacing the iPad is not met by insurances held by either HPS or the Renter, are not the responsibility ofHPS under clause 5 hereto.

(iii)The bond, or any balance after allowing for payments made under sub-paragraph (ii) hereto shall be repaid to the Renter at the end of the rental period.

4.The iPad

(a)The iPad remains the property of HPS at all times.

(b)At the end of the rental period, the Renter shall immediately deliver the iPad to HPS in a condition consistent with the performance of this contract.

(c)HPS and the Renter acknowledge that the iPads primary use will be by the Student in relation to his/her primary course at HPS and as such the Rental is GST free.

(d)The Renter and the Student will operate, maintain and store the iPad with due care and in compliance with the instructions and recommendations of the supplier and manufacturer of the iPad and pursuant to any directions given by HPS.

(e)The Renter or the Student must not alter or replace any parts in the iPad nor alter or load any software on the iPad unless that software has been approved by HPS.

(f)This agreement relates only to the iPad, in the event of its loss or damage, HPS is under no obligation to replace the iPad.

5.iTunes:

(a)All school apps will be supplied by the school, and downloaded during school hours.

(b)An iTunes account is required to download other apps (software)

(c)By using the iTunes software (Software) a user agrees to be bound by the terms and conditions of the Software Licence Agreement.

(d)By using the iTunes Store website (Site) a user agrees to be bound by the Terms and Conditions of Use (Terms of Use) that apply to the website.

(e)Parents may choose to use an existing iTunes account to allow access to previously purchased music or other items.

(f)A user is entirely responsible for maintaining the confidentiality of information held in the user’s account, including the user’s password and for any activity that occurs under the user’s account as a result of failing to keep this information secure and confidential.

(g)Additional applications purchased will be the responsibility of the Parent/Legal

Guardian and reflect the behaviours promoted in the school Acceptable Use Agreement.

6.Maintenance and Repairs

(a)HPS will provide routine maintenance to keep the iPad in working order during the rental period. Any maintenance work not considered to be routine will be at the expense of the Renter provided always that before any such work is completed HPS will notify the Renter of the work to be undertaken and advise the cost involved.

(b)If the iPad breaks down or is damaged, and in the opinion of HPS it is not economic to repair, then this agreement shall immediately come to an end.

7.Renter’s Obligations

(a)The Renter will notify HPS immediately of any change in the Renters contact details and address during the commitment period.

8.Insurance

(a)HPS will insure the iPad against loss or damage whether by fire, theft, accident, seizure, confiscation or otherwise.A loss notification must be accompanied by the appropriate police report.

9.Termination

(a)This agreement comes to an end:

(i)At the end of the rental period.

(ii)In the event of default as defined in subclause (b) hereof.

(iii)If the iPad is lost or destroyed by either the Renter or the Student.

(iv)If the iPad is damaged and is not economically repairable as provided in clause 5(b).

(b)Default occurs if:

(i)Rental fees are not paid by the due date.

(ii)The Renter continues to breach any term of this contract after HPS gives the Renter notice in writing of its default.

(iii)The Renter is subject to insolvency or other proceedings which place the iPad at risk for loss or seizure by others.

(iv)The Student leaves HPS prior to the end of the rental period.

(h)In the event of default HPS may immediately take possession of the iPad without notice and, if the Renter defaults, the Renter irrevocably authorises HPS to enter any premises occupied or controlled by the Renter to repossess the iPad, and the Renter indemnifies HPS in respect of any loss arising out of such action.

(i)In the event of default this agreement shall immediately come to an end.

Schedule

(To be filled in 2016 on acceptance of iPad with first payment)

The Renter (Parent/Guardian)

Name: ______

Address: ______

Contact email: ______

Contact home phone: ______

Contact mobile: ______

The Student

Name: ______

Class in 2016: ______

Lease Period

Lease commences February 2017

Lease ends 16th December 2018

Lease arrangements

I have read the above information about leasing arrangements for the use of the iPad. I understand and agree with the terms and conditions of this lease and commit to make all the payments, by credit card in accordance with the Schedule.

Parent/Guardian signature: ______Date : ______

IPAD LEASE PAYMENT

Payment DetailsCredit Card

Name:Phone:

PLEASE DEBIT MY:BankcardVisaMastercard

Card holders name:

Card Number

Expiry Date Amount $

Signature:

1