Terms & Conditions

These following terms and conditions, together with our Privacy Policy, Back-up Consent Form and Computer Release Form (each as amended from time to time) (collectively “Terms”) govern our relationship with you.

When you use our services, you agree that you have read and understood the Terms. We may request that you sign a form acknowledging this.

References to “we”, “us”, “our” in the Terms are references to Geeks Online Pty Ltd and its related companies, its employees, contractors or agents.

References to “Geeks” refer to our technicians.

Our website is located www.geeksonline.com.au.

1. What we do

We provide our services by:

• Remotely accessing your computer (Remote Support)
• Responding to help requests via email
• Providing telephone assistance

As part of providing these services we may:

• sell you certain types of equipment, hardware or software (Sales Services). Such Sales Services are subject to our Terms of Sale which are available on our website or from our Geeks Online upon request; and/or
• stake your hardware to our base. Before we remove your hardware, you must sign our Hardware Release Form.

Our services will be provided during our service hours which are set out on our website.

Our services are designed to meet the needs of home users, including those who work from home (SOHO), and small businesses. In some cases where you use a work computer and do not have administration rights to your computer, our ability to provide services to you may be limited. If you think this may be the case, please discuss this with us.

Information about our services and pricing is available on our website or from our Geeks Online upon request. We recommend you check this information regularly as we may change our services and pricing from time to time.

We may provide you with hardware or software manufactured by a third party. You agree to comply with our reasonable directions to enable us to comply with our obligations to such third parties.

2. What we need you to do

So that we can provide you with the best services we can, it is important that you do certain things requested by us before we provide your services. If you don’t do these things, we may not be able to provide you with our services and/or you may risk losing valuable data.

2.1 Software

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

2.2 Backing up your software or data

Computers are complicated machines and although we take all reasonable precautions, files can be lost simply by doing routine work. You acknowledge and agree that it is your sole responsibility to back up all software and data that is stored on your computer’s hard drive(s) and/or any other storage devices you have before we provide any services to you. If you choose not to back-up your data, either yourself or through us, you do so at your own risk and agree that we will not be responsible 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. Remote Services

We cannot gain access to your computer remotely unless you have given us your permission to do so and you have downloaded software onto your computer to allow us to do so. When you download that software you agree to our Terms and any other terms and conditions relating to that software.

When we access your computer remotely, we will respect your confidentiality and the privacy of your information. For more details see the “We respect your privacy and the confidentiality of your information” section below.

4. We respect your privacy and the confidentiality of your information

When we provide you with services, sometimes access to, and incidental copying of, your personal and confidential data is unavoidable. We respect your privacy and the confidentiality of your information, and agree to collect, use and disclose such information in accordance with these Terms (including our Privacy Policy which is available on our website) and the law.

For the avoidance of doubt, you retain all rights in your information and, other than as permitted by these Terms, we will not use it without your consent. We will keep all such information confidential and, other than as permitted by these Terms, will not disclose it to any third party without your prior written consent.

Permitted collection, use and disclosure

You agree that we may collect, use and disclose such information (including personal information about you) in accordance with the terms of our privacy policy, including:

• for all purposes associated with the provision of services (including disclosure to third parties who referred you to us);
• for the purpose of communicating with you about products and services which we, our partners or affiliates may provide to you; and
• where we are required to disclose such information as a matter of law (for example to law enforcement agencies).

When you provide your personal information to us, Geeks Online will give you the choice as to whether or not you wish to receive further information about special offers, promotions and changes to our products and services. If you indicate that you do not wish to receive these, we will not contact you further for these purposes. Please allow 28 days for your request to be processed.

If you do not indicate such a preference, you will be taken to have consented to us contacting you to provide further information that may be of interest to you relating to Geeks Online products and/or services. This consent will be taken to apply until such time as you inform us that you do not wish to be contacted further.

5. Service charges and payment

All payments for software/services must be by made by the due date on invoice provided.

Service guarantee

If you are not satisfied with your service, please contact us immediately – we strive to provide excellence in our service offerings.

You acknowledge that threats from the internet are becoming more complex everyday and we cannot guarantee our software will detect 100% of intrusions. You also acknowledge that installation of unrelated 3rd party software may compromise the ability of our software to perform as expected and is therefore outside the scope of our services guarantee.

When we sell you software, we may resell such software on behalf of a third party manufacturer or licensor. If there is a problem with any software we provide you, your remedy may rest with the manufacturer or licensor of such software. Please refer to our Sales Services terms for more details on remedies available to you.

We do not warrant that the operation of any software we install or service will be uninterrupted or error free. You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of software. You also acknowledge that your use of such software may be subject to a third party license.

We also reserve the right to discontinue providing any or all services if, in our reasonable opinion:

the minimum system requirements are not met or your technical needs (or technical barriers) or other requirements are unusual or extensive and beyond the scope of our services;

• we consider that your equipment is incompatible with the software we provide.
• any other factor or event beyond our reasonable control prevents us providing services.

6. Our Liability to you

To the full extent permitted by law, and subject to our service guarantee above, we expressly exclude all warranties, conditions, guarantee and representations (whether express or implied) under statute, law, equity, trade custom, prior dealings between you and us or otherwise in respect of goods and/or services that may be provided by us to you under these Terms.

To the full extent permitted by law, our sole liability to you in respect of the services we provide is limited to the amount of the fees and charges paid by you to us under these Terms for the particular service the subject of our liability.

Some warranties and guarantees are implied by law, and cannot be excluded by us, except to a limited extent. To the extent we can limit such liability, we limit our liability to (at our election):

in the case of services supplied to you, at our election, to the cost of:

• Supplying the services gain; or
• The payment of the cost of having the services supplied again,

Nothing in these Terms excludes or modifies any liability either party may have to the other for fraud or deceit or for death or personal injury caused by the negligence or the willful misconduct of either party.

To the full extent permitted by law, under no circumstances will we, any related entities or any third party provider engaged by us be liable to you or any other person for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided by us or a third party service provider engaged by us.

7. General

These Terms will be governed by and construed in accordance with the laws of New South Wales