1         APPLICABILITY AND ACCEPTANCE OF THESE CONDITIONS 

1.1      These Conditions apply to each service/order that D&R Allen Family Trust trading as GeekGuy I.T (ABN 14 584 160 796) carries out. These Conditions do not apply for which there are separate terms and conditions specifics to other products and services.

1.2      Your acceptance of goods and services from us means that you accept these Conditions. No variations by you of these Conditions will be valid unless our authorized representative gives you written confirmation that that variation is accepted.

1.3      All onsite booking customers must provide parking for our vans. If paid parking is required, this will be on charged to the customer.

1.4      GeekGuy I.T technicians are employed by head office

1.5      GeekGuy I.T. reserves the right to change these conditions from time to time.

 

 

2        PRICES, CHARGES AND PAYMENT 

2.1     You agree to pay in full the amount specified on any invoice rendered by us for goods and services supplied to you on completion of service (C.O.D payment terms), unless we agree otherwise in writing

2.2     Where we make individual deliveries of goods or deliveries in installments, you may be invoiced separately for each delivery in which case, you agree to pay each invoice according to its terms.

2.3     There is a “Service Guarantee” policy. This means that if we cannot provide a solution to the problem, we will not charge you for our services. In some cases, the solution may be that you need to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing a solution to your problem, whether or not you choose to implement that solution.

2.4      A customer “call back” is a no charge visit resulting from the issue not being fixed on first visit. If the original issue that was booked for was not directly addressed, no solution was offered and the problem persists there will be a second service to attempt to offer a solution. You may be charged on the second visit if an issue appeared to be fixed on the first visit, but subsequent action by you the user has caused, or revealed, that further action is required to fully resolve the issue.

2.5      We accept cash, credit card, debit cards, business cheques and EFTPOS. We do not accept payment by American Express and Diners Club cards. Payments by any financial card We accept cash, credit card, debit cards, business cheques and EFTPOS. A surcharge of 2%+GST for Visa and MasterCard will apply. We do not accept payment by American Express and Diners Club cards.

You authorise us to charge all fees incurred by you in relation to the services provided to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.

2.6      GeekGuy I.T. does not stock or sell any second hand parts, systems or laptops. It is not in your interest to receive inferior products and our warranty does not cover anything outside our approved supplier stock.

2.7      Any product or service ‘custom’ quote asked for by you the customer, we require a 50% deposit prior to ordering. If you cancel the order after your deposit is paid, we will retain 20% of the total quote cost as a restocking fee.

 

 

3         RISK AND TITLE 

3.1      During any service an adult over the age of 18 must be present at all times.

3.2      Product warranty and liability depends on the individual manufacturer and will be followed accordingly.

3.3      You are liable to pay in full the price of any goods or services delivered to you. If you fail to pay for goods by the due date for payment, we will be entitled to retake possession of the goods, resell them and keep the proceeds of the sale.

3.4      GeekGuy I.T will not collect, receive or dispose of any old parts unless you specifically agree to the disposal. If you allow your hardware to be taken away and recycled, you will immediately lose any rights to those items and forfeit any further claim to those items.

3.5       With your approval our technicians may decide to take your computer device with them and continue the repairs offsite. Once the repairs have been completed GeekGuy I.T will make every opportunity to contact you so we can return your device. After 90 days if we cannot contact you, we will consider the matter completed and dispose of the device.

 

 

4           UNANTICIPATED EVENTS

4.1        Please note that our intention is always to book your service in the quickest possible time that suits your needs, but there may be unanticipated events that hinder our technicians arriving at your location on time or if at all. If our technician is late or cannot make your appointment for any unforseen circumstance, we will endeavour to rebook your service to the best possible time available.

 

 

5           PRIVACY

5.1        You acknowledge that personal information concerning you collected or held by us may be used for a variety of purposes including:

1. to supply goods and services that you have ordered/commissioned

2. to administer your account and to enforce this contract; and

3. for marketing purposes which  may include disclosure of your information to other members of GeekGuy I.T.

5.2        You also agree that if you provide us with personal information about any other individual, you will ensure that the individual is aware:

1. that you have supplied their personal information to us and the reason; and

2. of the details in this clause 5 which apply to information we collect about them as well as information we collect about you.

5.3        If you fail to provide any information requested by us, we may be unable to supply the goods and services that you order or request.

5.4        In most circumstances, you have a right to access any personal information which we collect and hold about you and to have it corrected if it is wrong.

5.5        You consent to us sharing your personal information with other GeekGuy I.T group companies including those overseas and with our service providers who are located overseas.

5.6        If you apply to us for credit terms we may give certain information about you including identity particulars to a credit reporting agency and we will tell you separately about other uses and disclosures of your personal information relevant to your application for, or our provision of, credit

 

 

6            GST 

6.1         In these Conditions the terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services) Tax 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of services under these Conditions.

6.2        Any amount payable by you under clause 2 is inclusive of GST.

6.3        If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the goods or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment.

6.4        In relation to any GST paid by a party under these Conditions, including any adjustment, the payee will provide the payor with a tax invoice.

 

 

7            TERMINATION FOR BREACH 

7.1         Without prejudice to our other rights at law, we may cease supply of goods or services to you immediately by giving notice in writing if you breach any material term of these Conditions. 

 

 

8             DISCLAIMER OF LIABILITY AND WARRANTIES

8.1          The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by us of goods or services ordered by you which cannot be excluded, restricted or modified (Non-excludable Rights). We do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute.

8.2         Except as provided for by the Non-excludable Rights:

1. all goods and services ordered by you are provided without warranties of any kind, either express or implied;

2. we do not warrant that those goods and services will be complete or free from all errors;

3. we do not warrant that information will continue to be available to us to enable us to keep those goods and services up-to-date; and

4. all representations are expressly excluded and you have not relied on any representations in ordering goods and services from us.

8.3         To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply.

 

 

9            PERSONAL INFORMATION

9.1         We do not share you details with any third party. Your email address will be added to our e-database where you may receive monthly alerts about GeekGuy I.T. products and services, If you do not want to receive these, please unsubscribe after the first email.

 

10          GEEKGUY I.T. ONLINE SUPPORT

10.1       GeekGuy I.T. uses Team Viewer to remote access devices. Our helpdesk technicians cannot access your computer without your approval and password. Our helpdesk pricing is the same as casual onsite rates. 

10.2       GeekGuy I.T. Helpdesk cannot fix all problems. Your computer needs to be on, operational and have an internet connection. Please keep in mind that once we remote into your computer, your internet connection speed will determine how fast we can sort your issue/s. Please call or email us prior to making the remote support request so we can advise if your request is possible via remote support.

 

11           MANAGED SERVICES

11.1        Managed Services refers to the provision of computer support via a remote connection to the PC.  The PC Must be in working order and compliant with Software which is still supportable. ie. If the PC is running Windows XP, then service will be refused as Windows XP is no longer supported by Microsoft.  The PC must also have an internet connection and be included in the seat allocation specified on the Order Form.

11.2        Managed Services are a fixed contract price as specified on the Order Form.  If your PC loses internet services and is in the seat allocation for Managed Services, there will be no refund of the Managed Service Fee.  The internet connection is your responsibility.

11.3        A Ticket must be obtained for a Support Request to be lodged, the Ticket forms the start time for the request as specified in the Service Description.

11.4        The Ticket will be responded to within 2 hours.  This does not mean that the issue will be fixed within 2 hours, although this may occur.  It means that you will be contacted and a time to remotely connect to the computer will be scheduled.  If your PC will not start and a remote connection is not possible, you should enquire with GeekGuy I.T. whether there is any phone support available for your issue.  If there is not, you may be required to organise repair of your PC, which may be able to be performed by GeekGuy I.T.  Such repairs do not form part of the scope of the Managed Service Agreement.

11.5        Actual hardware issues are not a part of Managed Services.  If onsite support is required, it is considered Out of Scope and would attract additional fees not covered by this agreement.  Once the PC is repaired and able to be connected to the internet, it will again meet the minimum requirements for the Managed Service Agreement and will be configured remotely.

11.6        Managed Services may be terminated at your request in writing.  If the agreement is still current, you will be offered a pro-rata payout figure for the remaining term of the contract.

11.7        Managed Services seats may be transferred from a PC to a new PC, provided all software associated with the old PC is removed and installed onto the new PC.

11.8        Managed Services run from 8am to 5pm Monday to Friday.  Managed Services are not available on Public Holidays.  There is an allowance for 1 day per month for Managed Services to not be available for Professional Development.  Annual leave will impact on Managed Services availability between Christmas and New Year annually.

11.9        Where a Server is included in the Managed Service as a device under management.  GeekGuy I.T. will be the exclusive administrator of the server.

11.10     Additional administrator users can be requested by the client, however any repairs required to restore services as a result of misuse, malicious, or accidental damage to the server environment will be considered out of scope and chargeable at the standard hourly rate.

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12          CONFIDENTIALITY

12.1       Managed Services customers will have information gathered and retained by GeekGuy I.T. upon accepting the Terms and Conditions and signing the Order Form.  All information collected will be entered into our Database and be accessible to GeekGuy I.T. staff who are authorised to assist you with remote support needs.

12.2       GeekGuy I.T. will not share, distribute, disclose, sell or otherwise make available your confidential information to an outside party without your express written consent.

12.3       You have the right to view the collected information and request changes to be made, you do not have the right to access the database and make these changes yourself.  You must submit change requests in writing, you will be notified once the changes have been made.

12.4       If it comes to our attention that there has been a breach of privacy or confidentiality, GeekGuy I.T. will contact you and take appropriate action to correct the breach and assist with password changes that may need to be made on your accounts.

12.5       Whilst all care is taken to ensure your confidential information is kept secure and safe, we do not accept an liability in the case of breach for any damages that may arise to you or your business.

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