GEEKMOBILE – Service Payment Terms and Release of Liability applicable to Work Order Agreement
CLIENT agrees that the terms and conditions that apply to GEEKMOBILE’s “No Fix No Fee” and “We Will Fix It or It’s FREE” policies, require that the CLIENT accepts the solution that GEEKMOBILE recommends. Depending on the circumstances this may include the purchase of replacement hardware. If the CLIENT rejects GEEKMOBILE’s recommended solution then the CLIENT will be liable for the labour charges incurred up to the point of the problem diagnosis. If the CLIENT’s system is under warranty then the minimum fee will be payable whether a solution to the problem is provided or not.
CLIENT agrees to pay the minimum quoted fee. The minimum fee is inclusive of 60 minutes of on-site labour time. Any additional time is billed in 30min increments. In cases where the problem/fault is best repaired off-site the total billable labour fee will be capped to 2 hours maximum. The CLIENT agrees to make payment for all charges within 7 days of issue of the tax invoice for the service. Payments not rendered on time may be subject to additional late processing fees. Prices quoted do not include GST. GST is charged in accordance with Goods and Services Act as per Commonwealth of Australia.
Release of Liability
CLIENT AGREES TO RELEASE AND HOLD HARMLESS GEEKMOBILE, ITS AGENTS AND SERVICE REPRESENTATIVES FROM ANY AND ALL LIABILITY ASSOCIATED WITH THE PERFORMANCE OF SERVICE OR THE PROVISION OF PARTS, AND ACKNOWLEDGES THAT GEEKMOBILE OFFERS NEITHER AN EXPLICIT OR IMPLIED WARRANTY OR GUARANTEE, FOR THE SERVICES PERFORMED OR THE PARTS PROVIDED, OTHER THAN THE MANUFACTURER’S WARRANTY.
1. CLIENT acknowledges that due to the nature of the services being performed, there is a potential risk of damage or loss including, but not limited to, damage to CLIENT’s office, home, business computer hardware, its cabling, hubs, routers, switches, peripherals, accessories, and furniture, as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media.
2. CLIENT agrees to release and hold harmless GEEKMOBILE from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of GEEKMOBILE, its agents or service representatives.
3. CLIENT grants GEEKMOBILE, its agents and service representatives, permission to physically access CLIENT’s home or office property where CLIENT’s computer system and/or network reside.
4. CLIENT grants GEEKMOBILE, its agents and service representatives, access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate CLIENT’s computer software, applications, data, and data storage media including, but not limited to, the computer Operating System, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on CLIENT’s computer system or network.
5. CLIENT grants GEEKMOBILE, its agents and service representatives, access and permission to physically disassemble any and all computer systems, components, networks, cabling, hubs, routers, switches, peripherals, and accessories necessary to perform said services.
6. CLIENT grants GEEKMOBILE, its agents and service representatives, permission to perform modification to CLIENT’s home or office property for the purpose of installing or troubleshooting computer and/or networking hardware, cabling, hubs, routers, switches or peripherals. Modification may include such practices as drilling, cutting through or disassembling furniture, floors, walls, carpet or trim, laying and removing cabling and devices including affixing cabling and devices to furniture, walls, floors, or trim, using nails, screws, staples, hangers, or plastic ties.
7. CLIENT grants GEEKMOBILE, its agents and service representatives, permission to install hardware in CLIENT’s computer and/or network, including but not limited to, processor chips, memory chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware requested to be installed by CLIENT.
8. CLIENT grants GEEKMOBILE, its agents and service representatives, permission to download and/or install software on CLIENT’s computer and/or network, including but not limited to, virus scanners, diagnosis and repair utilities, drivers, libraries, and software requested to be installed by CLIENT. GEEKMOBILE does not check for licensing compliance for any software provided by CLIENT to be installed on their computer systems. It is the responsibility of the CLIENT to have proper licensing for any software provided. GEEKMOBILE reserves the right to refuse to install any software for which proper licensing cannot be demonstrated.
9. GEEKMOBILE strongly advises CLIENT to safeguard critical data by backing up said data prior to any services performed by GEEKMOBILE. Unless specifically requested and provided as a paid service by GEEKMOBILE, CLIENT is responsible for any backup, archiving, or protective storage as well as restoration if required, of CLIENT’s data.
10. Client also agrees they will not actively solicit work from any of GEEKMOBILE’s contractors or employees for computer related services, without the prior approval of GEEKMOBILE. This agreement shall remain in force for one year, beginning with the date of client’s last completed service with GEEKMOBILE. This agreement includes all geographic locations where GEEKMOBILE’s clients reside.
GEEKMOBILE is a provider of billable on-site services and does not offer or provide free telephone technical support. Neither the signing of this agreement nor the performance of services by GEEKMOBILE implies availability of telephone technical support. This document constitutes the entire agreement between the CLIENT and GEEKMOBILE. No other agreement whether verbal or written shall be in effect except if agreed to and authorized in writing.
The laws of the Commonwealth of Australia shall govern this contract. Any dispute concerning this agreement shall be heard within the Commonwealth of Australia. By signing below, CLIENT acknowledges that he/she has read and understands, and agrees to the terms of this Payment Terms and Release of Liability Form, which is kept on file at the offices of GEEKMOBILE in Queensland.