ONSITE SERVICE AGREEMENT – TERMS AND CONDITIONS – Geek Group Pty Ltd | ABN: 67 631 524 288
This document sets out the terms and conditions upon which Geek Group Pty Ltd will provide you onsite or remote Services. By arranging an onsite visit from one of our Technicians, you agree to be bound by these Terms and Conditions.
1.1 Our technicians will provide onsite support services for the fee’s found below in these terms and conditions.
1.2 You, or a person over the age of 18 must be present onsite, for us to provide our services.
1.3 Our technicians will attempt to diagnose your tech problem and will attempt to provide a solution to the problem. Our technicians will always endeavour to find a solution to your tech problem. Sometimes this solution may require new replacement parts/equipment. If our technicians cannot find a solution to your tech problem, you will not be invoiced for our services. However if our technician has found a solution to your tech problem but you do not wish to go ahead with the solution, you will still be required to pay the standard onsite visit fee of $139.
- FEE’S and PAYMENTS
2.1 Geek Group Pty Ltd’s Service Fee is $139 for a 1 Hour onsite visit and $30– for every 15 Minutes after the first hour of onsite service. (Our technicians will always attempt to have a solution to your tech problem within the first 1 hour onsite service, however sometimes depending on the type of onsite service required (Example: Corporate Networking, Complete Re-installation of operating systems) the technicians may exceed this first hour of service, if this occurs you will be invoiced at the interval pricing of $30 per 15 minutes.
2.2 After each onsite visit, Geek Group Pty Ltd will invoice you the Fees for the onsite visit. These fees must be paid at the end of the onsite visit.
2.3 Payment for each onsite visit must be paid by one of the following accepted payment methods. Eftpos, Cash, Internet Banking or Business Cheque. (If paying by Internet Banking, a copy of the Payment Confirmation Receipt must be provided to the onsite technician at completion of the onsite visit)
2.4 We are a pay onsite service and do not offer payment on account.
2.5 If payment is not made at the end of the onsite visit for any work carried out by Geek Group Pty Ltd to you, you must pay the invoice within the next 7 days. For payments not received within the 7 day period, Geek Group Pty Ltd will issue you with a formal letter advising of the amount owing from you to Geek Group Pty Ltd for the relevant invoice. If payment has not been made within a further 3 days, Geek Group Pty Ltd will pursue further through the Queensland Civil and Administrative Tribunal.
2.6 Booking Cancellations: You may cancel your booking anytime up to 12 hours prior to your appointment time without penalty/fee. Cancellations within 12 hours of the appointment time will incur a $60 cancellation fee. You agree to pay the cancellation fee within 7 days of Invoice date. If payment is not received within 7 days, Interest may be applied to the Invoice.
- LIABILITY and DATA PROTECTION
3.1 You agree to indemnify Geek Group Pty Ltd against all loss, damage, liability, claims and expense (whether direct or indirect consequential, financial or non-financial) arising directly or indirectly from any Services or Products provided by Geek Group Pty Ltd to you, to the fullest extent permissible by Australian Law.
3.2 To the extent allowed by law, our total liability under any claim of any nature arising directly or indirectly from any Service or Product will not exceed the Fees paid by you for that Service or Product.
3.3 Computers and devices are complex machines and whilst Geek Group Pty Ltd take all reasonable precautions, data can be lost simply during the course of routine work. You acknowledge and agree that it is your responsibility to back up all software and data that is stored on your computer’s hard drive and/or any other storage media before we provide any services to you.
3.4 Geek Group Pty Ltd will not be liable at any time for any loss, alteration or corruption of data or files relating, either directly or indirectly from the provision of our services.
3.5 You warrant that: (a) you are the owner or authorised licensee of all software, data, media, PCs/laptops and other equipment which you ask us to access, repair or install for you, and (b) providing our services in relation to those things does not violate any third party rights.
4.1 This Agreement is governed by the laws of Queensland and the Commonwealth of Australia. Geek Group Pty Ltd and You, irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
4.2 We will not be liable to you for any breach or delay or failure to perform any of our obligations where such breach or delay or failure is caused by anything beyond our reasonable control, including (without limitation) inability to obtain supplies, war, civil commotion, terrorism, strike, lockout, other industrial act, weather phenomena or other act of God (including any failure by any of our suppliers to supply on time).
4.3 Any failure or delay by Geek Group Pty Ltd, in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent Geek Group Pty Ltd from exercising that power or right or any other power or right. Geek Group Pty Ltd are not liable to you for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
4.4 The current Terms and Conditions at any time are available on our website: www.13geek.com.au
4.5 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
4.6 Our general on-site repairs have a limited warranty period of 30 days. If your problem re-occurs within this time we will re-attend to resolve the issue at no further cost to you.
4.7 If new/spare parts have been supplied during your service these parts will be warranted for a minimum 12 month period through Geek Group Pty Ltd. The manufacturers of these parts may offer longer warranty periods.
5.1 Geek Group Pty Ltd may immediately terminate the agreement between us and you at any time if you are in breach of these terms and conditions.
6.1 In these Terms and Conditions:
“Onsite Visit”, “Onsite Support” or “Onsite Service” is a single on site visit (1 Hour Onsite Support at your home or office) for the purpose of providing onsite computer support services.
“Terms and Conditions” means these terms and conditions;
“we”, “us” or “our” means Geek Group Pty Ltd
“you” or “your” means the company/employee/customer/client/or person who has requested/booked the onsite visit from Geek Group Pty Ltd.
“Fees” means, for each Onsite Visit, a minimum onsite Fee of $139 will be billed, plus $30 for every 15 minutes after the first hour of onsite service (If Required)
“Parties” means the parties entering into this Agreement.
Mandatory Statement Regarding Goods and Services
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
For more information regarding Consumer Guarantees, Your Rights and the Australian Consumer Law visit the Australian Competition & Consumer Commission (ACCC) website: http://www.accc.gov.au/consumers/consumer-rights-guarantees
As per the Competition and Consumer Act 2010, please note the following Mandatory Repair Notices required by law: – During the process of repair, some or all of your stored data may be lost. Please ensure that you have saved this data elsewhere prior to repair. – 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.
Please note our Technicians can perform backups of any important data prior to completing any repairs at your request.