Effective Date: 26 September 2023

Welcome to Techs on Demand. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related content (collectively referred to as the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our Services.

1. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

2. Services
Our technicians will provide remote IT support services for the fees outlined below in these Terms, using remote access software.

3. Use of Services     
    3.1. Eligibility: You must be at least 18 years old to access or use our Services. By accessing or using our Services, you represent and warrant that you are 18 years of age or older.
    3.2. Account Registration: To access our Services, you must create an account with us. You agree to provide accurate and complete information during the registration process and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. Techs on Demand reserves the right to suspend or terminate your account if any information provided is found to be inaccurate, incomplete, or in violation of these Terms.

4. Limitations of Service
    4.1. You acknowledge and agree that not all IT issues can be solved remotely and in some cases we may not be able to provide a solution or fix a problem due to the limitations of remote IT Support.
    4.2. You acknowledge and agree that in some cases we may not be able to provide a solution or fix a problem due to either a pre-existing condition of your device, including but not limited to defects and software or hardware failure, or any other reason.
    4.3. In the event we are unable to provide a reasonable solution, you will not be invoiced for our services, unless you choose to continue the Service as per Clause 4.4.
    4.4. During the delivery of the Service, our staff may indicate that they may not be able to provide a reasonable solution, however further troubleshooting is required to ascertain the extent of the issue. If you choose to continue with the Service in this circumstance, we reserve the right to charge you for all time incurred.
    4.5. We reserve the right not to provide the Service if the minimum requirements of these Terms are not met, or the technical requirements are unusual, unable to be supported remotely or out of the scope of the Services provided by Techs on Demand.

5. Backups
    5.1. You are responsible for the backup of all data, files, information, and software stored on your device, including any cloud-related storage, before accessing the Service.
    5.2. Please note that certain repair processes or services may involve the complete and irreversible deletion or destruction of the storage device and any data contained therein.
    5.3. If you have not backed up your data prior to accessing the service, our technician may recommend undertaking a backup as part of the Service. In this event, the technician will initiate the backup process on your device, then arrange a time with you for a second support call once the backup is completed to continue the Service. The fee for a backup is $15.00 (including GST) per device. The backup fee will be charged before the backup is commenced. If you decline a recommended backup, we reserve the right to not proceed with the Service. 
    5.4. If Techs on Demand performs a data backup, it will be kept for 7 days, then erased. If you do not wish for the backup to be kept, you must advise the technician during your support call. You may request to be sent a copy of the backup. Additional fees may apply for us to compile and send the backup file to you.
    5.5. To the maximum extent permitted by applicable law, whether or not you request Techs on Demand to perform a data backup, Techs on Demand shall not be liable for any loss, corruption, disclosure, or alteration of any data, device, or storage medium.

6. Fees
    6.1. Remote Support is charged at $40.00 (including GST) per 15 minute increment.
    6.2. Remote Support is billed from the start of the service call.
    6.3. Data Backup Service Fee: If you require a Data Backup Service, you will be provided with a quote by the technician, which will be based on the amount of data required to be backed up, or the device to be backed up. The Data Backup Service will only be commenced after payment of the Fee is received.
    6.4. Payment is due immediately at the completion of the Service.
    6.5. We accept Credit/Debit Card payments only.
    6.6. When you first access the Service, you will be asked to sign up and enter your credit card details. You acknowledge and agree that your credit/debit card details will be stored securely, in alignment with PCI compliance requirements, by Stripe and will be retained for any future transactions you make with us. If you wish to remove your credit card details from file, you can request this by contacting help@techsondemand.au after payment for all Services rendered has been processed. You may also contact Stripe directly through Stripe’s support page: https://support.stripe.com/questions/contact-stripe-support

7. Monthly Unlimited Package
    7.1. The Fee for the Monthly Unlimited Package is $135.00 (including GST) per user, per month.
    7.2. To access the Monthly Unlimited Package, you must sign up for a recurring, prepaid monthly subscription which is charged to your Credit/Debit Card on the anniversary of your subscription sign-up each month.
    7.3. The minimum term for the Monthly Unlimited Package is 1 month.
    7.4. After the minimum term, you may cancel your Monthly Unlimited Package at any time. On cancellation, the Unlimited Service will continue to be available until the end of the prepaid month. We do not issue partial month refunds.
    7.5. The Unlimited Service is only available to the user who signed up to the Monthly Unlimited Package and applies only to that user’s personal devices (including a work device if it is used solely by that user). It is not available to staff, family members, colleagues or friends, nor is it available for general business IT support beyond the user’s personal devices unless otherwise agreed with us at the commencement of the Monthly Unlimited Package.
    7.6. Reasonable Usage: We expect you to utilise the Services within reasonable limits and in accordance with normal business or personal usage patterns. While the package offers unlimited support, it does not cover excessive demands that may significantly impact the quality of service for other customers. Excessive demands may include but are not limited to:
       • Repetitive, unnecessary, or unjustified requests for support,
       • Multiple service requests that are caused by a lack of proper maintenance
       • Repeat service requests that are caused by your failure to follow our previous recommendations.
       • Major projects that require more than 6 technician hours at any one time.
    7.7. To ensure fair resource allocation and a positive experience for all customers, we reserve the right to monitor usage patterns and take appropriate actions, including adjusting service levels or usage limitations, if we determine that usage is significantly beyond normal standards.
    7.8. If we reasonably believe that a customer is in violation of this fair use clause, we reserve the right to terminate or modify the customer's monthly unlimited support package. We will make efforts to notify the customer and provide an opportunity to address the issue before taking such actions.

8. Call and Support Session Recording
When using our Services you acknowledge and agree that we may record both the phone call and the remote support session, including any screen sharing session for training and quality control purposes. If you do not wish for this to occur, you must advise the technician at the start of the support session.

9. User Conduct
    9.1. When using our Services, you agree not to engage in any of the following activities:
       • Violating any applicable law or regulation.
       • Infringing upon the rights of others, including intellectual property rights.
       • Interfering with or disrupting the functionality of our Services or any connected network.
       • Attempting to gain unauthorised access to any portion of our Services or other users' accounts.
       • Engaging in any fraudulent or deceptive activities.
       • Uploading or transmitting any viruses, malware, or harmful code.
    9.2. You must treat our technicians with respect and courtesy at all times. If you behave in abusive manner towards our staff, we reserve the right to terminate the remote support session and charge you for all time incurred up to the time of termination.

10. Questionable Material
Questionable material includes, but is not limited to, illegal material or documentation depicting illegal activities, pornography and pirated software. If, in the course of carrying out the remote support session, our technician is exposed to any questionable material, we reserve the right to terminate the remote support session immediately. Techs on Demand will not handle any questionable material, including deleting, accessing or otherwise dealing with any item. If the remote support session is terminated due to questionable material, we reserve the right to charge you for all time incurred up to the time of termination.

11. Authorised access
You warrant that you are the owner of any device that you request Techs on Demand to provide remote support for. If the device is a business device or a device not owned by you, you must provide evidence of authorisation for us to provide the Service from the owner of the device before we will provide the Service. We reserve the right to refuse to provide the Service if we are not satisfied the device is owned by you, or that we have the appropriate authorisation to access or make changes to the device.

12. Legitimate Software
You are responsible for ensuring any software you request us to install, troubleshoot or update is legitimate, is owned by you and/or that you hold appropriate licences for its use. We reserve the right to refuse to provide the Service if we cannot satisfy ourselves of the legitimacy of the software.

13. Device Warranties
When accessing the Service you acknowledge that repairs to a device that is still under manufacturer warranty may void the manufacturer’s warranty.

14. Passwords and Login Information
You are responsible for the security of your passwords and login information. We will ask you to enter all login information yourself if required during the support session. If, for any reason a password is shared with our technician during the remote support session, you must immediately change the password once the technician has completed their work. The technician will provide support with changing your password if required.

15. Privacy
Techs on Demand respects your privacy and handles your personal information in accordance with our Privacy Policy. By using our Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

16. Confidential Information
By using this service you acknowledge that during the remote support session, our technician may be exposed to confidential information about you or your business. Techs on Demand will not disclose any confidential information to any party unless required by law.

17. Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. Techs on Demand disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or secure.

18. Limitation of Liability
    18.1. You agree that the use of this service is at your own risk
    18.2. To the maximum extent permitted by applicable law, we will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, in connection with the use or inability to use our Services, even if advised of the possibility of such damages, including but not limited to:
       • Loss of revenue or business reputation
       • Loss, corruption or alteration of data, software or media
       • Business interruption
       • Delays or service disruptions
       • System failures
       • Cyber security attacks including viruses and ransomware
       • Any actions or omissions on our part that result in you incurring costs on your IT services or subscriptions.
    18.3. We are also not liable to the extent any loss is caused by you, including through your breach of these Terms, your negligence, or your failure to follow our advice or reasonable directions.

19. Australian Consumer Law
    19.1. 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.
    19.2. You are also entitled to choose a refund or replacement for major failures with goods.
    19.3. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.
    19.4. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
    19.5. To the extent allowed by law, our total liability under any claim of any nature arising directly or indirectly from any service or product will not exceed the fees paid by you for that service or product.

20. Termination
Techs on Demand reserves the right to suspend or terminate your access to the Services at any time, for any reason or no reason, without prior notice or liability. Upon termination, these Terms will cease to apply, but any provisions that are intended to survive termination (such as confidentiality and privacy, disclaimers, and limitations of liability) will continue to be binding.

21. Force Majeure
We will not be liable for non-performance or delays caused by external events beyond our reasonable control (“Force Majeure“). Force Majeure events shall include, without limitation, acts of war, terrorism, cyber-attacks, civil commotion, epidemic or pandemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency.

22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Tasmania, Australia. Any legal action or proceeding arising out of or relating to these Terms or the use of our Services shall be exclusively brought in the courts located in Tasmania, Australia, and you consent to the jurisdiction of such courts.

23. Modifications
Techs on Demand reserves the right to modify or update these Terms at any time, without prior notice. The most current version of the Terms will be posted on our website. By continuing to use our Services after the effective date of any modifications, you agree to be bound by the revised Terms.

If you have any questions or concerns regarding these Terms, please contact us at help@techsondemand.au

Thank you for using Techs on Demand!