GeekCover Terms & Conditions

between

Geeks2U Pty Ltd (ABN 27 125 370 434) (“Geeks2U” or “us“) of Suite 501 / 20 George Street, Hornsby, NSW 2077

and

the subscriber (“you“)

The terms and conditions set out below (Subscription Agreement) govern your GeekCover subscription and form a binding agreement between us and you.

1. Term: This Subscription Agreement commences on the day that you sign up for GeekCover and continues indefinitely until you cancel your GeekCover subscription.

2. Services: GeekCover subscriptions are offered on a per-customer basis. Your GeekCover subscription includes remote monitoring and support utilising cloud-based antivirus software and our remote access tool, telephone support, and half price onsite support (GeekCover Services). The GeekCover Services are to help:

a. troubleshoot problems with your technology by:

i. diagnosing what is wrong;
ii. providing advice on simple fixes; and
iii. if appropriate:

1. reinstalling software;
2. removing unwanted and/or unnecessary programs and files; and
3. scheduling a defragment of your hard drive.

b. remove viruses and spyware from your Nominated Computer;

with networking by:

i. troubleshooting your existing home network to find out what is wrong;
ii. connecting new devices and peripherals to your existing home network;
iii. configuring devices and peripherals to access any shared directories or printers already existing on your network; and
iv. making sure you can access the internet through your network.

d. install new computers, devices and/or peripherals by:

i. walking you through how to install new hardware;
ii. walking you through how to install new software;
iii. walking you through how to install relevant drivers and software to make new devices and/or peripherals work; and
iv. testing your hardware to ensure it is working properly.

3. Exclusions: Certain types of support are excluded from the GeekCover Services.

The GeekCover Services do not include telephone or remote support for the following tasks:

a. hard drive formatting or operating system installation;
b. virus and spyware removal on computers and/or devices other than your Nominated Computer;
c. training or instruction in how to use features of a software program other than as required to address the current technical problem; and
d. advanced network services such as configuring port forwarding, installing new network equipment or connecting your computer to a virtual private network.

The GeekCover Services also do not include:

e. support for non-windows based computers;
f. the provision of new or replacement hardware or software;
g. fixing bugs inherent and ingrained in certain types of software;
h. instances where the compatibility of the system to the software is in question;
i. instances where the system configuration is invalid or not supported by the manufacturer of the device/application;
j. scripting, programming, database design or web development;
k. parts and/or other costs associated with providing repairs; and
l. situations where the manufacturer of the application or technology is unable to, or has not yet, provided a solution to a problem.

4. Supply of GeekCover Services. The GeekCover Services are:

a. provided on a per-customer basis;
b. remote monitoring and support utilising cloud-based antivirus software and our remote access tool for a single nominated home computer only (Nominated Computer) using your broadband connection, provided from 8am until 5pm (AEST) Monday to Friday only;
c. telephone support for your Nominated Computer and all of your other computers and personal devices, provided from 8am until 5pm (AEST) Monday to Friday only; and
d. discounted onsite support for your Nominated Computer and all of your other computers and personal devices from 8am until 8pm (AEST) Monday to Friday, from 8am until 5pm (AEST) on Saturdays and from 9am until 6pm (AEST) on Sundays (weekend services attract a flat $49 weekend service fee).

5. Your obligations. You must:

a. have a broadband connection (with a minimum connection speed of 256k) that allows us to utilise cloud-based antivirus software and our remote access tool to provide remote monitoring and support for your Nominated Computer;
b. backup all files that you wish to maintain before you call us for your assistance;
c. provide your subscription details when you ring us to request GeekCover Services;
d. follow and accept the instructions, suggestions and advice of our professional support personnel during calls;
e. be an Australian resident who is physically located in Australia at the time of your call;
f. have legitimate copies of all software as well as all installation disks/media and product keys ready to use when you ring us about a problem; and
g. comply with the fair use policy set out in clause 9.

6. Our obligations to you: Provided that you have complied with the requirements in clause 5 at all relevant times, we will provide you with the GeekCover Services for the term of this Subscription Agreement.

You may request GeekCover Services during the term of this Subscription Agreement by ringing us on 1300 433 572 during the hours set out in clauses 4 b., c. and d. above.

7. Consents and authorisations:

a. You consent to us accessing and controlling your Nominated Computer in order to provide GeekCover Services to you.
b. You hereby authorise any and all access to, modification of, or impairment to your data, systems or electronic communications that occurs as part of our provision of the GeekCover Services and agree that we are entitled to carry out the GeekCover Services in accordance with this Subscription Agreement.
c. You hereby permit and licence us to use and reproduce any and all copyright material contained in your Nominated Computer (including its systems, programs and data) for the sole purpose of providing you with the GeekCover Services.
d. You warrant to us that, at all times during the term of this Subscription Agreement:

i. you are the owner, or have the right to control the use of, the Nominated Computer;
ii. you are the owner or the licensee of all copyright subsisting in the systems, programs and data in the Nominated Computer; and
iii. you have the right to grant the consents, permissions and licences granted in this clause 7.

e. You acknowledge that some problems cannot be fixed over the telephone.

8. Payment: Your setup fee is payable, via credit card only, at the time that you signed up for your GeekCover Subscription. Your subscription fee is payable, via credit card only, monthly in advance commencing 30 days after the date that you signed up for your GeekCover Subscription.

9. Fair use policy: Excessive, unreasonable or fraudulent use of the GeekCover Services may impact the quality and reliability of the GeekCover Services. To ensure this does not occur, you must not:

a. make fraudulent use of the GeekCover Services;
b. make multiple service requests caused by a lack of regular maintenance; and/or
c. make repeat service requests caused by your failure to act on our recommendations;

10. Privacy: Any personal information collected by us during your GeekCover Subscription will be dealt with in accordance with our Privacy Policy.

11. Liability: The GeekCover Services may come with guarantees that cannot be excluded under the Australian Consumer Law (the ACL). You may therefore be entitled to remedies that cannot be excluded under the ACL if any of the GeekCover Services supplied by us fail to meet a consumer guarantee under the ACL.

Furthermore, nothing contained in this Subscription Agreement 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 nonperformance 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
c. liability for death or personal injury.

Subject always to the above, 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:

d. all terms, conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services 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;
e. 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 services, is reduced to the extent (if any) that you cause or contribute to the loss or damage;
f. in no event shall we be liable to you under, arising out of, in connection with, or in respect of, either this Subscription Agreement and/or the goods and/or the services for:

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

1. any third party;
2. our actions that were expressly or impliedly authorised by you, or by your employees or agents;
3. accident, misuse or abuse by anyone other than us;
4. alteration or modification of the goods by anyone other than us;
5. products (including any hardware or software) not licensed or supplied by us that are attached to or used with the goods;
6. your failure to maintain the goods or provide a proper operating and working environment for the goods;
7. damage during any movement, relocation or re-installation of the goods;
8. power surge or failure,;
9. acts of God or acts outside our reasonable control;
10. any other condition not arising under normal operating conditions;
11. normal wear and tear;
12. any breach of your obligations or responsibilities set out in this Subscription Agreement;
13. 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

g. except to the extent already excluded or limited under this Subscription Agreement, our maximum liability to you under, arising out of, in connection with, or in respect of, either this Subscription Agreement and/or the goods and/or the services, shall be limited to:

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

1. the replacement of the goods or the supply of equivalent goods; or
2. payment of the cost of replacing the goods or acquiring equivalent goods; or
3. 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):

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again, as in each case we may elect.

12. Modifications to the Subscription Agreement and the GeekCover Services: Geeks2U may change this Subscription Agreement and/or the GeekCover Services as defined in it from time to time. Upon any changes to this Subscription Agreement and/or the GeekCover Services as defined in it, Geeks2U will notify you by email to the email address you have provided to us. Geeks2U reserves the right to terminate this Subscription Agreement and discontinue the GeekCover Services as defined in it with or without notice to you.

13. Governing Law: This Subscription Agreement is governed by the laws of New South Wales.