Legal
Terms of Service
The terms on which Geekwa Pty Ltd supplies IT services and on which this website is made available.
1. These terms
These terms of service govern the supply of services by Geekwa Pty Ltd (ABN 90 699 858 109, ACN 699 858 109), an Australian proprietary company registered in Western Australia, and your use of the geekwatec.site website. In these terms, “we”, “us” and “our” mean Geekwa Pty Ltd, and “you” means the person or organisation engaging us.
By asking us to perform work, or by using this website, you agree to these terms. Where we issue a written quotation or service agreement for a particular job, that document and these terms are to be read together; if they conflict, the quotation or service agreement prevails for that job.
2. The services
We provide information technology services including computer and laptop repair, small business IT support, network and Wi-Fi installation, backup and data recovery, cyber security work, and device setup and migration. The specific work to be performed for you is the work described in the quotation you approve.
Anything not described in that quotation is outside its scope. If further work becomes necessary once a fault has been investigated, we will tell you before proceeding and will not carry out the additional work until you approve it.
3. Quotes, approval and variations
We diagnose before we quote. A quotation is an offer to perform the described work at the stated price and is valid for the period stated in it. A quotation is based on the condition of the equipment and the information available at the time of diagnosis.
If, during the work, we discover a fault or condition that could not reasonably have been identified during diagnosis, we will stop, tell you what has been found, and provide a revised quotation for you to accept or decline. Work may be charged for time reasonably spent on diagnosis even where you decline to proceed with the repair, provided you were told this before diagnosis began.
4. Fees and payment
Fees are as set out in the quotation you approve. Unless the quotation states otherwise, prices are in Australian dollars and inclusive of GST where GST applies. Payment terms, deposits for parts, and any recurring charge for ongoing support arrangements are stated in the quotation or service agreement.
We may withhold delivery of equipment or completion of work while an invoice for that work remains unpaid past its due date. Title in any part supplied by us remains with us until it has been paid for in full.
5. Your responsibilities
To allow us to perform the services properly, you agree that:
- you own the equipment, accounts and data concerned, or are authorised by the owner to have us work on them;
- the information you give us about the fault, the environment and prior work is accurate and complete;
- you will provide safe and timely access to premises, equipment, passwords and licences as required;
- you hold valid licences for the software you ask us to install, configure or reinstall; and
- you will not ask us to do anything unlawful, including circumventing licensing or accessing accounts or devices you have no right to access.
6. Data and backups
You are responsible for maintaining your own backups. We ask you to back up your data before we begin any work, and where practical we will take a protective copy first, but repair, reinstallation, upgrade and recovery work all carry an inherent risk of data loss — particularly where storage hardware is already failing.
Data recovery is not a guaranteed outcome. Where a drive or storage device has suffered physical, electronic or logical damage, some or all of the data may be unrecoverable regardless of the technique applied. We will tell you honestly what we believe is achievable before you commit to the work.
Nothing in this clause limits your rights under the Australian Consumer Law, including your right to a remedy where our services have not been supplied with due care and skill.
7. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). These include guarantees that services will be supplied with due care and skill, will be fit for any purpose you have made known to us, and will be supplied within a reasonable time.
For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for the reduced value of the services. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have the problem with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
For goods, you are 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. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
8. Workmanship and third-party products
Any warranty period we offer on our own workmanship is stated in the quotation or invoice for that job. A workmanship warranty covers the specific work we carried out; it does not cover a subsequent unrelated fault, accidental damage, misuse, power events, or work performed on the equipment by someone else afterwards.
Hardware, software and subscription services supplied by third parties are covered by the manufacturer's or publisher's own warranty and licence terms. We will assist you in making a warranty claim, but we are not the manufacturer and do not extend those warranties. We do not control the availability, pricing or ongoing support of third-party products.
9. Limitation of liability
Subject to clause 7 and to any other liability that cannot lawfully be excluded, and to the maximum extent permitted by law:
- our liability arising out of or in connection with the services is limited, at our option, to resupplying the services or paying the cost of having them resupplied;
- we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, or loss arising from business interruption; and
- we are not liable for loss or damage caused by your failure to maintain adequate backups, by inaccurate information you supplied to us, or by hardware that was already failing when it was brought to us.
We are not liable for any failure or delay in performing our obligations caused by an event beyond our reasonable control, including power outages, telecommunications failure, severe weather, or the acts of third-party suppliers.
10. Intellectual property
All content on the geekwatec.site website, including text, layout, graphics, code and the Geekwa name and mark, is owned by or licensed to Geekwa Pty Ltd and is protected by Australian and international copyright law. You may view and print pages for your own information, but you must not reproduce, republish or adapt any part of this website for commercial purposes without our written permission.
Configuration documentation, network diagrams and written recommendations we prepare specifically for you as part of a paid engagement are yours to use for your own business purposes. Any tools, scripts, templates and methods we use to produce them remain ours.
11. Confidentiality
We treat information about your systems, credentials and business as confidential, and we use it only to perform the services. This obligation continues after the engagement ends. It does not apply to information that is already public through no fault of ours, or that we are required by law to disclose. Our handling of personal information is set out in our Privacy Policy.
12. Uncollected equipment
Where equipment is left with us, we ask that it be collected within the period stated when the work is completed. If equipment remains uncollected after we have given written notice to the address or email you supplied, we may charge reasonable storage costs and may deal with the equipment in accordance with the law applicable in Western Australia governing uncollected goods.
13. Cancellation and termination
You may cancel an approved job before work begins at no cost. If work has begun, you are liable for the work performed and for any parts already ordered specifically for the job. Ongoing support arrangements may be ended by either of us on the notice period stated in the service agreement.
We may suspend or end an engagement if you do not pay an overdue invoice, if you do not provide access or information we need, or if we are asked to do something unlawful or unsafe. Where we end an engagement, we will return your equipment and provide the information reasonably needed to hand the work to someone else.
14. Use of this website
This website is provided for general information about our services. While we take care to keep it accurate, it does not constitute technical or professional advice for your particular circumstances, and it does not form a quotation. You should not rely on it as the sole basis for a decision about your systems.
15. Changes to these terms
We may amend these terms from time to time. The version published on this page at the time you engage us applies to that engagement. Changes do not affect a job already quoted and approved.
16. Governing law
These terms and any engagement between us are governed by the laws of the State of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and of any court competent to hear appeals from them.
17. General
If any provision of these terms is found to be unenforceable, that provision is severed and the remaining provisions continue in force. A failure by us to enforce a provision is not a waiver of it. These terms, together with the applicable quotation or service agreement, are the entire agreement between us about the services.
18. Contact us about these terms
Questions about these terms should be sent to Geekwa Pty Ltd (ABN 90 699 858 109, ACN 699 858 109), Perth northern suburbs, WA 6065, at [email protected].
Clear on the terms? Let's look at the job.
Send us the fault and we will come back with a diagnosis path and a written price.