T&C's | Techy Bee

BEFORE WE BEGIN BUZZING..

Please note the acceptance or booking of a job with us here at TechyBee assumes you have read and agree with the terms & conditions stated below.

Business Hours

1.1 Business hours for the operation of Techy Bee

We provide our onsite & remote services during the following hours (Business Hours). All hours are Australian Eastern Standard Time (AEST), regardless of your location in Australia:

Please note - these hours may change at any time

(a) Remote support:
- Monday to Friday: 8am to 8pm (AEST)
- Saturdays: 9am – 5pm (AEST)
- Sunday: 9am to 6pm on Sundays (AEST)
- Public Holidays: We do not provide any services on public holidays at this stage unless it is an emergency and have both parties agreeance in advance.
(b) On-site support:
The same Business Hours above also apply for on-site support, except that:
- an additional surcharge applies for on-site support on Saturdays, Sundays and agreed on Public Holidays, and will be added to the on-site service fee. You will be notified in advance

On-Site Services & Support

2.1 Duration & charging

For services that we provide to you on-site, please note that:

(a) a one-hour minimum duration charge applies to all jobs
(b) further charging in is half hour blocks unless agreed upon earlier
(c) most issues can be solved in the first hour. If the technician, however, expects that it will take longer, he or she will give you options, and you can decide how you want to proceed from there while on site.
(d) For on-site services, we will endeavor to find a solution to your problem

2.2 Cancellation Charges (if less than 24 hours notice)

If you give us less than twenty-four (24) hours’ notice to cancel any on-site service bookings:

(a) we may charge you a cancellation fee (to reimburse us for the loss and expense caused);
(b) the cancellation fee will be charged to your credit card / bank account at the time of cancellation; and

2.3 Service Areas

To receive on-site services, you must be within our current service area of Sydney, NSW. Remote services are available Australia wide.

2.4 Your On-Site Service obligations

(a) You must ensure that a person of at least 18 years of age is present for the duration of the provision of on-site services.
(b) You must provide our technicians who provide on-site services with:
- access to the areas of your premises necessary to provide services;
- access to your computer;
- a safe working environment and working space; and
- electrical power and internet access (where applicable and if possible).
(c) 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.
(d) You must back up all software, data and your files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of one of our technicians.
(e) You agree to comply with all relevant policies and procedures we advertise from time to time on our website.
(f) You must ensure you do not cause any harm or injury to our on-site technicians.

2.5 Same Day Service

(a) “Same Day Service” is available for a previously agreed upon surcharge (additional to on-site service fees)
1. Whilst we will try to organise same day services during Business Hours, if this is not possible, a same day service appointment may be allocated any time of the day prior to midnight.
  
  If we don’t provide you with same-day service, we will not charge you the surcharge. Any changes made by you to a same day service request voids this same day service guarantee.
2. Note, while we will endeavor to do our best for all same day requests, there is no guarantee that your job will be attended to. If that is the case you will be given ample notice.
(b) If you request same day service on a weekend or public holiday (i.e. you are already being charged a weekend / public holiday surcharge) we may not charge you an additional for the same day service charge. This is up to the discretion of the technician or booking admin and you will be notified.
(c) This offer is limited to one same-day service request per customer per day. We may cancel this offer at any time.

Remote services & support

3.1 Your Remote Service obligations

Where we provide you with remote services, you must:

(a) backup all of your data before you call us for your assistance;
(b) be at least 18 years of age and physically located in Australia at the time of your call; and
(c) 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 software problem.
(d) provide as much information as possible to our technician within your knowledge so as best we can help rectify the issue.

Access to your PC/laptop, systems and data

4.1 Authorisation

You consent and authorise us (TechyBee and our technicians) to:

(a) access your nominated PC / laptop in order to provide our services.
(b) access, modify, reproduce and / or temporarily impair your data, systems, programs or electronic communications to the extent necessary to carry out the services.

Privacy

We, TechyBee, comply with the Privacy Act 1988 (Cth) and act in accordance with our internal company Privacy Policy which can be seen summarised below.

5.1 Disclosure

Your privacy and the protection of your personal information is very important to us here at TechyBee. We do not disclose your personal information to any other person, organisation or entity except our contracted service providers.
We do not disclose any of your personal information overseas. All of our current holdings are Australian based.

5.2 Security of your personal information

The security of your personal information is a high priority for us at TechyBee. We take reasonable steps to protect it from misuse, interference and loss, and from unauthorised access, modification or disclosure. Some of the ways we do this are:

confidentiality requirements of our employees and technicians
security measures for access to our system
electronic security measures in our system like firewalls and data encryption
control of access to our office

5.3 Direct Marketing

We may send you direct marketing communications and information about our products, services, discounts, competitions and special promotions that we consider may be of interest to you. Note this will all come from TechyBee and not a third party at this stage.
We may do this via email, telephone, SMS, mail or any other electronic means.
- We will always let you know that you can opt-out from receiving our marketing offers and will provide easy to follow steps to do so.

Data Back Up/Loss of Data

6.1 Your Data back-up obligation

You are responsible for ensuring your data, software and media is backed-up prior to us accessing your systems or technology to provide our services. We are not be responsible at any time for any data loss, alteration or corruption of any such data , software or media.

Payment

7.1 On-site service fees and other fees (eg repairs) are payable by you immediately on completion of services.

7.2 Payment can be made via bank transfer (direct deposit), cash on site or cheque. Credit or bank card are available as modes of payment if agreed upon. A 2.5% surcharge will apply to these transactions.

7.3 All fees to TechyBee are payable by the above modes of payment.

7.4 For credit or trade account customers your terms for payment can be found on your individual contracts and credit application forms.

7.5 No late payment is accepted without concent or approval. The payment due date will always be listed on the invoice you receive. Late payment fees are as follows:

7 Days late payment incur a 5% of the original invoice total.
10 Days late payment incur a 10% of the original invoice total.
14+ Days late payment incurs a debt recovery action towards the customer and 15% of the original invoice.

Failure to make any payment before or on it's due date without reasonable explanation, will have the above actioned.

Australian Consumer Laws

8.1 Goods & Services

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value subject to terms.

To the extent permitted by law (including the Australian Consumer Law), our liability to you (whether arising in contract, negligence or otherwise) is limited to (and at our option) -

(a) in relation to goods:

the replacement of your goods or the supply of equivalent goods;
the payment of the cost of replacing your Product or of the supply of an equivalent Product; or
refunding the amount of your order, and

(b) in relation to services:

supplying of the services again; or
payment of the cost of having the services supplied again.

The above limitation, however, will not apply to our liability for death, personal injury or tangible property damage directly caused by our gross negligence.

8.2 Liability

You agree that, to the extent permitted by law (including the Australian Consumer Law), we will not be liable to you (whether in contract, negligence or otherwise) for any:

interruption of business;
loss of revenue, profits or business reputation;
delays or service disruptions (other than our same day guarantee - if agreed and confirmed upon);
loss, alteration or corruption of data, software or media;
viruses or system failures; or
events beyond our reasonable control.

We are also not liable to the extent any loss:

(a) is caused by you (for example, through your negligence or breach of contract);
(b) results from your failure to follow our advice or reasonable directions or to take reasonable steps to avoid or minimise your loss.

Termination & Suspension

9.1 A party may terminate this Agreement immediately on written notice to the other if: (a) the other party breaches a term of this agreement which is not capable of remedy; or (b) where the breach is capable of remedy, the other party fails to remedy the breach within 10 days of written notice of the breach - or another agreed upon time frame.

9.2 We may suspend the services at any time to the extent we reasonably believe necessary due to your breach of this Agreement (including suspending services where you fail to pay fees when due), or in order to prevent any damage to or misuse of our services, systems or staff.

Changes to Terms

10.1 We may change the terms of this Agreement from time to time (by updating this Agreement on our website or informing you in writing if it is pertaining to that particular job). Nothing prevents us from -

(a) changing policies and procedures associated with this Agreement (eg on-site Covid-19 procedures etc) where reasonably required in the circumstances; or

(b) to make urgent changes to this Agreement that are are required by law, or reasonably necessary for security or technical reasons or to prevent fraud or misuse of the services (including the Fair Play policy).

10.2 You acknowledge that we may withdraw service offerings from time to time. Where this impacts your current Support Packs, we will endeavor to provide you with reasonable advance notice of such service / offering withdrawals and advise any implications or if it affects you at all.

Acknowledgements and Disclaimers

You acknowledge that, to the extent permitted by law (including the Australian Consumer Law):

(a) Timeframes and appointments are estimates only (other than our same day guarantee, any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavors to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays).
(b) On-site support – return to base for difficult problems (it may not be possible to resolve all problems via an on-site service. In particularly difficult cases, we may (with your permission and will advise if necessary) need to take your system to our base or third party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs to your property).
(c) Recommendations for upgrades / replacements (in providing the services and goods to you, we may identify that the solution to your problem is to upgrade or replace your software or hardware. In that case you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution).
(d) No guarantee that all issues will be identified and fixed (while we use our best efforts to identify issues with your software and hardware, given the nature of technology, you acknowledge that we do not guarantee that all problems or security threats will be identified or resolved).
(e) Final solution may differ from initial diagnosis (as computers and situations are diverse - sometimes problems are more deeply rooted or complicated than initially diagnosed, our final proposed solution may be different from the initial diagnosis you received either by phone or on site).
(f) Not all issues can be resolved by remote support (you acknowledge that some problems cannot be fixed over the telephone or by remote system access, and may require on-site support).
(g) Failure to follow our instructions or advice (you agree that we are not liable for any loss or damage that results from your failure to follow our instructions, recommendations or advice).

Indemnity

You agree to indemnify us, our technicians and our related entities, including but not limited to TechyBee, employees and agents, and hold us each harmless from any loss, damage, costs (including reasonable legal costs), or expense which arises from your breach of this Agreement, including but not limited to your non-payment of any fees or charges applicable to your booking, service or a breach of your on-site, remote service or data back-up obligations, our reliance on any warranty, authorisation or consent, or acknowledgement provided under this Agreement or in connection with our service, or any negligent, wrongful, illegal or fraudulent act or omission by you, any unauthorised use of your subscription, support pack or credit account caused by your wrongful act or omission, except to the extent that liability is caused by our gross negligence. See all clauses above.