Terms & Conditions

Introduction

The supply of any services, goods, and repairs by The Elder Geeks (“we” or “us” or “our”) to all its customers (“you”) is only offered and exclusively based on the following terms and conditions. By requesting our repair, services, support, or goods, you accept irrevocably and unconditionally our Terms and Conditions without derogation or qualification.

1.0 Definitions

In these conditions:
“ACL” means applicable Australian Consumer Law, whether Commonwealth or Victorian state law in its current form;

“T&Cs” means these Terms and Conditions;
“Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;
“goods” means all products and other goods (including any software) supplied by us to you or on your behalf;
“services” means all services performed by us for you or on your behalf, whether by our own staff, or contractors engaged by us;

“offerings” means all services, including repairs and support.
“business hours” means Monday to Friday 9am to 6pm at your local time, excluding gazetted public holidays;
“Party” and “Parties” means (severally and not jointly) The Elder Geeks and/or the Customer as the context requires.

2.0 Basis of Contract

2.1 These conditions are applicable to any offerings by us to you and cannot be varied, amended, or supplemented by any other terms or conditions without our prior written consent.

2.2 All quotations issued by us to you for any of our offerings and/or goods are valid for seven days and based on these Terms and Conditions. These conditions may be supplemented by additional terms in the notes section of our quotation or offering.

3.0 Charges and Payment

3.1 Unless otherwise agreed, payments for any offerings and/or goods must be made in cash, Visa or Mastercard, or bank transfer prior to or immediately after the supply of goods and/or services to you. Some offerings may require upfront payment. Credit card payments may attract a merchant fee of 1.0%.

3.2 Unless otherwise agreed, our service time is charged in 30-minute blocks; any part thereof is charged at the same rate as a full 30-minute block.

3.3 There is a chargeable 60 minute minimum for onsite jobs. The 60 minute minimum includes up to 30 minutes of travel time and up to 30 minutes of onsite labour time. If we foresee the technician will exceed 30-minute travel time to reach your location, we will provide you with an estimate. All time keeping, and calculation is the responsibility of the individual technician.

3.4 Services provided outside of our normal business hours will attract a surcharge. Please refer to our website for current rates and business hours.

4.0 Payment Default

4.1 If you default in the payment by the due date of any amount payable to us, then all money which is then due as well as all monies that are payable by you to us at a later date on any account, shall be due and payable immediately without requirement of any notice to you, and we may, without prejudice to any other right or remedy available to us:-

(a) charge you an interest on any sum due at a rate of 3% above the corporate reference rate of our principal banker. This interest will be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and

(b) charge you for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging any debt collection agency to seek to recover the amounts due); and

(c) cease or suspend for such period as we deem fit, supply of any further offerings and/or goods by us; without effect on our accrued rights under this or any other contract.

4.2 Clause 4.1 may also be relied upon, at our option:

(a) where you are an individual, you become bankrupt or enter into any scheme of arrangement, or any assignment or composition with or for the benefit of your creditors, or any class of your creditors generally; or
(b) where you are a corporation, you enters into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up.

5.0 Passing of Property

5.1 Until full payment in cleared funds is received by us for all offerings and goods supplied by us to you, as well as all other amounts owing to us by you:

(a) title and property in all goods remains with us and does not pass to you;
(b) you must hold the goods as fiduciary bailee and agent for us;
(c) you must keep the goods separate from your other goods and maintain the labelling and packaging of the goods;
(d) you hereby undertake to us to hold the proceeds of any sale of the goods on trust for us in a separate account, however any failure to do so will not affect your obligation to deal with the proceeds as our trustee;
(e) we may, without notice, enter any premises where we suspect the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of us, and for this purpose you irrevocably license us to enter such premises and shall also indemnify us and hold us harmless from and against all costs, claims, demands or actions by any party arising from such action.

6.0 Risk and Insurance

6.1 The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall pass to you immediately upon delivery of the goods to the premises nominated by you.

6.2 If we agreed to post goods on your behalf, the risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall pass to you upon us delivering the goods to Australia Post, the courier, or transport company of your choice.

7.0 Performance of contract

7.1 Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment. While we use our reasonable endeavours to meet the estimated dates for delivery of the goods or completion of the services, we cannot be held responsible for delays, cancellations, and force majeure events.

7.2 Whilst every attempt is made to perform repairs onsite, it may become necessary to return your device(s) to our workshop or third party for diagnosis and repair.

8.0 Repair Warranties

8.1 You acknowledge that the condition, age, specification and problems of your equipment may heavily impact the time frames to resolve issues.

8.2 You acknowledge that computers and electronic devices are complicated and sometimes problems are more deeply rooted than initially diagnosed. You acknowledge that a problem which occurs with your device after we worked on it may be unrelated to the work we performed for you.

8.3 You acknowledge that any equipment presented for repair may have pre-existing damage or other problems, and that we cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting therefrom.

8.4 When we sell you equipment, hardware or software, we may be selling such equipment, hardware or software on behalf of a third party, manufacturer or licensor. We do not warrant that the operation of any software we install, or service will be uninterrupted or error free.

You acknowledge that software, information technology, and communications products generally, may have errors or hidden viruses or malware, and as such may encounter unexpected problems, and accordingly, you may experience errors and downtime in the use of software.

8.5 We shall honour all terms, conditions, and obligations (if any) that are implied or imposed under applicable State or Commonwealth laws concerning the supply of the goods and/or the performance of the services and nothing in these Conditions seeks to restrict, modify, limit, or exclude such terms, conditions or obligations. Our express warranty is in addition to and does not affect your statutory rights and remedies.

8.6 We may use new, used, or refurbished components to repair your device at our discretion, provided the performance is similar to the faulty component. If we fitted hardware components that were supplied by you, whether new or used, these are not covered by our warranty. You will need to contact the supplier of this component for replacement, and any associated labor cost.

8.7 Unless explicitly agreed by us, any repair, remedy, or replacement under warranty is limited to the relevant hardware and installation of its basic operating system. Copying or restoration of user data, installation of user-specific software, performing site-specific setup work, or the cost of transporting your equipment for warranty repairs is your responsibility.

8.8 We will comply with our obligations under the Privacy Act 1988 (Cth) and in accordance with our Privacy Policy which can be viewed on our website or provided in hard copy on request. By engaging our services, you shall be deemed to have read and consented to our Privacy Policy. You agree and consent irrevocably to our use of your personal information in accordance with the Privacy Policy.

9.0 Customer’s Responsibilities

9.1 You shall be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing.

9.2 You shall comply, at your own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the goods.

9.3 You shall ensure that your operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by us and/or any third party manufacturer from time to time.

9.4 You shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services in accordance with applicable fault reporting procedures from time to time.

9.5 You are responsible for general housekeeping, testing, adjustment and/or maintenance as recommended by the manufacturer in respect of any goods supplied by us in order to maintain availability and performance of the goods.

9.6 You agree to exercise due care and carry out such precautions which may be recommended by us or the manufacturer in connection with the performance of any obligations hereunder, for example, but without limiting the generality of the foregoing, advising your staff of system restarts or scheduled downtime, recording of error information, and will cooperate with system administration activities such as, but not limited to, regular backups

9.7 You represent and warrant to us that you are the owner of, and/or have the right to be in possession of and make decisions regarding, all data, media or equipment (“Data”) provided to us, and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of personal information by you to us and to the use of that personal information by us, and that your collection, possession, processing and transfer of such Data is in compliance with data protection and privacy laws to which you are subject. You indemnify us from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of your warranties.

9.8 You shall as a fundamental term of these Conditions back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of our technician. We and/or our third-party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.

9.9 Onsite services involve our technicians visiting you at your home or other location (Premises) requested by you.

9.10 You must ensure that an authorised person of at least 18 years of age is present for the duration of the provision of onsite services.

9.11 You must provide our technicians with:

(a) access to the areas of your premises necessary to provide services;
(b) necessary passwords to your computer;
(c) a safe and smoke-free working space;
(d) electrical power and internet access (where applicable).

9.12 If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.

10.0 Liability

10.1 The goods may come with guarantees that cannot be excluded under the ACL. You may therefore be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be 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. You may also be entitled to remedies that cannot be excluded under the ACL if any services supplied by us fail to meet a consumer guarantee under the ACL. Furthermore, nothing contained in these Conditions excludes, restricts, limits or modifies any:

(a) term, condition, warranty, guarantee or obligation in relation to the goods and/or the services (nor any right or remedy in relation to the breach or non-performance of any such term, condition, warranty, guarantee or obligation) where pursuant to applicable law to do so is unlawful or void or unenforceable; or

(b) liability for fraud or deceit; or

10.2 Subject to clause 10.1, and without excluding, restricting, limiting or modifying the rights and remedies to which you (if you are a consumer as defined by the ACL) may be entitled under the ACL or our liability to you thereunder:

(a) you acknowledge that we are not the manufacturer of the goods and have no control whatsoever over their manufacture, and, accordingly, the goods are provided “as is” (that is, as supplied by the manufacturer) and that we do not make any warranty or representation as to the quality and/or the suitability of the goods;

(b) all terms, conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the offerings, or other goods or offerings that may be provided by us under these Conditions, that may otherwise be implied or imposed by statute, law, equity, trade custom, prior dealings between us or otherwise, are hereby excluded;
(c) our liability to you for loss or damage of any kind arising out of, or in connection with, these Conditions and/or the goods and/or the offerings, is reduced to the extent (if any) that you cause or contribute to the loss or damage;
(d) in no event shall we be liable to you under, arising out of, in connection with, or in respect of, either these Conditions and/or the goods and/or the offerings for:

(i) any loss, damage, cost or expense of any nature that was caused (directly or indirectly) by:

(a) any third party;

(b) our actions that were expressly or impliedly authorised by you, or by your employees or agents;

(c) accident, misuse or abuse by anyone other than us;
(d) alteration or modification of the goods by anyone other than us;
(e) products (including any hardware or software) not licensed or supplied by us that are attached to or used with the goods;
(f) your failure to maintain the goods or provide a proper operating and working environment for the goods;

(g) damage during any movement, relocation or re-installation of the goods;
(h) power surge or failure,;

(i) acts outside our reasonable control;

(j) any other condition not arising under normal operating conditions;
(k) normal wear and tear;

(l) any breach of your obligations or responsibilities set out in these Conditions;
(m) our failure to meet any delivery date or cancelled or suspended supply of goods or services;

(ii) loss of profit;

(iii) business interruption costs or expenses;

(iv) loss of or damage to goodwill or reputation;

(v) the failure to realize an expectation benefit;
(vi) liability to any third party;
(vii) loss of or corruption to data;
(viii) consequential loss, damage, cost or expense; or
(ix) incidental or indirect loss, damage, cost or expense; or
(x) special, exemplary or punitive damages or fines,
even if we have been advised of the possibility of such loss, liability, damage, cost, expense or fines; and

(e) except to the extent already excluded or limited under these Conditions, our maximum liability to you under, arising out of, in connection with, or in respect of, either these Conditions and/or the goods and/or the offerings, shall be limited to:

(i) in relation to goods if supplied to you as a consumer (as defined in the ACL):

(a) the replacement of the goods or the supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; or
(c) the repair of the goods or payment of the cost of having the goods repaired, as in each case we may elect; and

(ii) in relation to services if supplied to you as a consumer (as defined in the ACL):

(a) the supplying of the offerings again; or (b) the payment of the cost of having the services supplied again, as in each case we may elect.

10.3 Any replacement of parts under warranty will be carried out at the premises nominated by us. The cost and risk of transport of any defective part to the nominated premises is your responsibility.

11.0 Copyright in Software

11.1 We will not be responsible to you or any third party for any breach of any software licence in respect of software provided by us, or to us by you to be installed on your computer.

11.2 You hereby warrant that you have a valid licence in respect of such software and shall indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request.

12.0 Cancellation

12.1 If, through circumstances beyond our reasonable control, we are unable to effect delivery or provision of goods or services, then we may cancel your order (even if it has already been accepted) by notice in writing to you.
12.2 If you give us less than twenty-four (24) hours’ notice to cancel any request for onsite service, we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused.

13.0 Feedback, Information and Reviews

Your feedback, information and Reviews are essential to helping us improve our business through the improvement of our offerings to using your positive reviews for marketing purposes, any written feedback, information and reviews you provide to us shall be deemed to be non-confidential. Unless you have notified us otherwise at the time of engaging our services, we shall be free to use such information on an unrestricted basis.

14.0 No representation or reliance

14.1 You acknowledge that neither we nor any person acting on behalf of us has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.

14.2 You acknowledge and confirm that you do not enter into these Conditions in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Conditions.

14.3 Without limiting the generality of clauses 14.1 and 14.2, you understand and hereby confirm that:

(a) your decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in clause 8, and

(b) you have relied on your own skill and judgement in deciding to purchase and acquire the goods and services.

15.0 Entire Agreement

15.1 To the full extent permitted by law, in relation to its subject matter, these Conditions:

15.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
15.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.

16.0 Governing law

This Agreement is governed by the law applying in Victoria and the Commonwealth of Australia. The Parties hereby irrevocably submit to the jurisdiction of the courts of Victoria and, where applicable, the Commonwealth of Australia.

17.0 Disclaimer

We have done our best to ensure this document is as simple and easy to understand within the confines of the law. If you are unsure of any section stipulated within these conditions, you must contact us for clarification before requesting our offerings and/or goods. We will not be responsible for your interpretation of these conditions.

18.0 Severability

In case any one or more of the provisions contained in these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal or unenforceable, we are authorised to modify this Agreement so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.

Last updated 15 August 2023

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