TERMS & CONDITIONS

 TERMS AND CONDITIONS – Top Geeks GC ABN: 81893995747
 
This document sets out the terms and conditions upon which Top Geek Group Pty Ltd will provide you onsite or remote Services. By organising and arranging an onsite visit from one of our Technicians, you agree to be bound and adhere by these Terms and Conditions.
 
SERVICES
1.1 Top Geek technicians will provide onsite support services for the fee’s found in these terms and conditions.
 
1.2 Yourself, or a person over the age of 18 must be present onsite, if the service is for someone under the age of 18 someone over the age of 18 must be there as a representative for the minor for us to provide our services.
 
1.3 Our technicians will attempt to diagnose your technology issue and will attempt to provide a solution to the problem. Our technicians will always aim to and endeavour to find a solution to your problems. Sometimes this solution may require new or refurbished replacement parts/equipment if the parts are deemed damaged beyond repair or fault. If our technicians cannot find a solution to your technology problem, you will not be invoiced for our services. However, if our technician has found a solution to your technology 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 $130.
 
FEE’S and PAYMENTS
2.1 Top Geek Group Pty Ltd’s minimum Service Fee is $130exgst for a 1 Hour onsite visit and $130exgst for every hour after the first hour of onsite service. (Our technicians will always attempt to have a solution to your technology problems within the first hour onsite, 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 $130exgst per hour, the labour charge is charged at an hourly rate this means if a job takes 1 hour and 20 minutes you will be billed $240. Unless told differently by the technician. Some people and entities may meet the criteria for discounted rates and will be told so and noted before hand e.g Pensioner rates of $110 per hour.
 
2.2 After each onsite visit, Top 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 Top Geek Group Pty Ltd to you then you will have 24 hours to pay the invoice, if you do not pay the invoice within 24 hours then you will incur a $49 administration fee. We will then resend the Invoice again after the administration fee has been applied and the invoice must be paid within the next 7 days. For payments not received within the 8 day period, Top Geek Group Pty Ltd will issue you with a formal letter advising of the amount owing from you to TopGeeks 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 and a $200 Court fee will also be applied to your invoice to cover the legal fees.
 
 
LIABILITY and DATA PROTECTION
3.1 You agree to indemnify Top Geek Group Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This includes 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 Top Geek Group Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees 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 Top 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.
 
 4 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
 
In no case shall Top Geeks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
 
GENERAL
5.1 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.
 
5.2 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).
 
5.3 Any failure or delay by Top 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 Top 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.
 
5.4 The current Terms and Conditions at any time are available on our website: www.TopGeeksgc.com.au
 
5.5 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforce-ability of the remaining provisions shall not be affected, prejudiced or impaired.
 
TERMINATION
6.1 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.
7.0 Changes to terms and conditions
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 8 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
DEFINITIONS
9.1 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 Top Geek Group Pty Ltd
 
“you” or “your” means the company/employee/customer/client/or person who has requested/booked the onsite visit from Top Geek Group Pty Ltd.
 
“Fees” means, for each Onsite Visit, a minimum onsite Fee of $120 will be billed, plus $120 for every hour interval after the first hour of onsite service (If Required) charges are billed by the hour
 
“Parties” means the parties entering into this Agreement.