Frankston Computer Care (ABN 56 749 178 926) – Terms & Conditions – Supply of Services & Goods
The terms below apply to our supply of services and goods to you (Agreement). All references to: (a) “you” means the
individual or business customer requesting the services and / or goods from us; (b) “we”, “our” or “us” means Frankston
Computer Care; “services” means the services we provide to you as described on our website and as further described in this
Agreement, including on-site services, off-site and remote services; “goods” means all products and other goods (including
software) supplied by us to you, and “website” means www.frankstoncc.tech
1. Purchasing services from us
You may purchase services from us as follows:
1. (a) In The Field – see clause 1.1;
2. (b) Remote Support – see clause 2.1;
3. (c) On-Site, Off-Site, Remote Services, Goods – see clause 3.1;
Repair Notice: Where our services involve repairing your goods, please be aware that:
• Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.
Refurbished parts may be used to repair the goods; and
• The repair of your goods may result in the loss of any user-generated data. Please ensure that you have made a
copy of any data saved on your goods.
1.1 In The Field
1. (a) We will perform the services and supply the goods specified in the booking confirmation email at the rates
specified in that booking confirmation email.
2. (b) In The Field requests are for on-site support only. At our discretion, however, we may temporarily elect to extend
it to remote support for any reason e.g. during Covid-19 social distancing restrictions.
2. Business Hours
We provide our services during the following hours (Business Hours). All hours are (AEST) Victorian time:
1. (a) Remote support:
• Monday to Friday: 9am to 5pm (after 5pm By Appointment)
• Saturdays: By Appointment
• Sunday: By Appointment
• Victorian Public Holidays: By Appointment
2. (b) On-site support:
The same Business Hours above also apply for on-site support, except that:
3. On-Site Services, Off-Site Services and Remote Services
3.1 Duration & charging
For services that we provide to you on-site, off-site and remotely, please note that:
1. (a) we charge a diagnosis flat fee;
2. (b) further charging is in 15 minute blocks;
3. (c) At successful diagnosis of the issue the technician will give you options, and you can decide how you want to
proceed;
4. (d) as a subcontractor where we provide services for a holder of an Australian Business Number or Australian
Company Number an hourly rate will be negotiated with a minimum 8 hours will apply, or a daily rate negotiated with
a minimum and maximum of 8 hours per day and minimum 5 days during the hours of 9am to 5pm, Monday to Friday
and excluding public holidays will apply, public holidays, weekend services and out of business hours will be charged
at a negotiated hourly rate with a minimum of 8 hours;
5. (e) Goods including hardware, software, cables and accessories are charged at the agreed upon price;
3.2 Your On-Site Services 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.
1. (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).
2. (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.
3. (d) You must back up all software, data and files that are stored on your computer and/or on any other storage
devices you may have prior to the arrival of the Frankston Computer Care technician.
4. (e) You agree to comply with all relevant policies and procedures we advise from time to time on our website.
5. (f) You must ensure you do not cause any harm or injury to our on-site technicians.
3.3 Set-up Services
Where we provide you with on-site technology set-up services for a fixed fee, the following additional terms apply:
1. (a) Computers – setup will include:
• Set up of system configuration and user accounts;
• Perform system updates;
• Connect to your Wi-Fi and a printer (provided that your Wi-Fi network must already be configured and
available, and your printer must already be configured and connected to the Wi-Fi network);
• Configure security & antivirus software, and install Microsoft Office & one other software. This will involve
installing trial versions of software will be installed unless you have purchased a licence or subscription. A
high speed internet connection is required for software that requires download; and
• Set up email client.
2.
3. (b) Printer – setup will include:
• Perform required updates;
• Install your ink and toner;
• Connect to your Wi-Fi network (provided your Wi-Fi network is configured and available);
• Configure and test printer/scanner functionality (provided scanner will only be supported where part of
printer / scanner combination);
• Connect up to 3 devices (including mobiles, tablets and computers).
4. (c) Wi-Fi Network – setup will include:
• Configure and secure modem / network router;
• Install your ink and toner;
• Connect internet (provided ISP & internet connection must be active and account information must be
available, and will exclude any fixed in-wall cabling);
• Connect one range extender or powerline adaptor;
• Connect up to five devices (including mobiles, Wi-Fi enabled smart tvs, tablets, computers and printers).
5. Data transfer is not included in any of the set-up services.
3.4 E-Waste collection
1. (a) You agree that you have permanently erased all data on any storage devices whether working or not working, whether
loose, individual or contained in computers, servers, laptops, tablets, phones and any other device that contains private and
sensitive information that we collect at your request.
2. (b) You agree to indemnify us, our staff and our related entities, employees and agents, and hold us each harmless from any
loss, damage, costs, or expense, breach of your privacy and sensitive information which arises from your breach of this
agreement.
4. Remote services
4.1 Your Remote Services obligations
Where we provide you with remote services, you must:
1. (a) backup all of your data before we fix your problem;
2. (b) have legitimate copies of all software as well as all installation disks/media and product keys ready for us to use.
5. Your warranties, authorisations and acknowledgements
5.1 No third party infringement
You warrant that: (a) you are the owner or authorised licensee of all software, data, media, PCs/laptops and other equipment
which you ask us to access, repair or install for you, and (b) providing our services in relation to those things does not violate
any third party rights.
5.2 Access to your PC/laptop, systems and data
You consent and authorise us to:
1. (a) access your nominated PC / laptop in order to provide our services.
2. (b) access, modify, reproduce and / or temporarily impair your data, systems, programs or electronic
communications to the extent necessary to carry out the services.
5.3 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.
5.4 Acknowledgements and disclaimers
You acknowledge that, to the extent permitted by law (including the Australian Consumer Law):
1. (a) Timeframes 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 endeavours 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).
2. (b) On-site support – return to base for difficult problems (it may not be possible to resolve all problems via an
on-site services. In particularly difficult cases, we may (with your permission) 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).
3. (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).
4. (d) No guarantee that all issues will be identified (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).
5. (e) Final solution may differ from initial diagnosis (as computers are complicated and sometimes problems are
more deeply rooted or complicated than initially diagnosed, our final proposed solution may be different from the
initial diagnosis).
6. (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).
7. (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).
6. Payment
6.1 All services fees and other fees (eg repairs) are payable by you immediately on completion of services.
6.2 All fees are payable by paying cash or Netbank EFT/Transfer immediately on completion of services.
6.3 Unless otherwise stated, all fees are inclusive of GST.
6.4 No Credit Accounts.
7. Privacy:
We will comply with the Privacy Act 1988 (Cth) and act in accordance with our Privacy Policy which is this.
Our privacy policy is simple, we don't keep any of your info, anywhere! Once the job is done and everyone is happy, we delete
or shred it all. If you would like us to retain any of your info, for the ease and purpose of future assistance, then you should e-
mail us requesting this.
Under no circumstances will we keep any kind of payment info or card details.
8. Liability
8.1 Australian Consumer Laws
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to choose a refund or replacement for major failures with goods. 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. If this is not done you are
entitled to a refund for the goods and to cancel the contract for the services 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 services.
8.2 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 (at our option):
1. (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
2. (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 to your place
of business directly caused by us, or to the extent that liability is caused by our gross negligence, willful misconduct or fraud.
8.3 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;
• loss, alteration or corruption of data, software or media;
• viruses or system failures; or
• events beyond our reasonable control,
except to the extent that liability is caused by our gross negligence, willful misconduct or fraud.
8.4 We are also not liable to the extent any loss:
1. (a) is caused by you (for example, through your negligence or breach of contract);
2. (b) results from your failure to follow our advice or reasonable directions or to take reasonable steps to avoid or
minimise your loss.
8.5 Indemnity
You agree to indemnify us, our technicians and our related entities, employees and agents, and hold us each harmless from
any loss, damage, 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, services or subscription, a breach of your on-site, remote service or
data back-up obligations (clauses 3.4, 4.1 and 5.3), infringement by you of third party rights (clause 5.1), breach of Fair Play
Policy (clause 7), our reliance on any warranty, authorisation or consent (clause 5.2), or acknowledgement (clause 5.4)
provided under this Agreement or in connection with our services, 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, wilful misconduct or fraud.
9. 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.
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 or systems.
10. Changes to Terms
10.1 We may change the terms of this Agreement from time to time.
10.2 Notwithstanding the above, nothing prevents us:
1. (a) changing policies and procedures associated with this Agreement (eg on-site Covid-19 procedures) where
reasonably required in the circumstances; or
2. (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.
10.3 You acknowledge that we may withdraw services offerings from time to time.
(a) endeavour to provide you with reasonable advance notice of such services / offering withdrawals.
11. Unforeseeable Circumstances
We will not be liable for non-performance or delays caused by external events beyond our reasonable control (“Unforeseeable
Circumstances“). Unforeseeable Circumstances 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.
12. Governing Law
This Subscription Agreement is governed by the laws of Victoria.
13. Notices, Feedback and Information
1. (a) (Notices) You agree that any notices or other communications may be provided to you by email (to the email
address you have provided to us as part of the initial services request). You must promptly notify us if you change
your email address. You may send notifications to us via email.
2. (b) We welcome your feedback. You agree that we may use any written feedback you provide to us on our website
and otherwise for marketing purposes without needing to obtain your further consent to do so.
14. General terms
1. (a) Assignment – You must not assign this Agreement (or any Subscriptions), except with our prior written consent.
2. (b) Waiver – A failure or delay in exercising any right, power or remedy does not operate as a waiver.
3. (c) Severability – If any part of these terms is illegal or unenforceable, it will be severed from these terms and the
remaining terms will continue in full force and effect.
4. (d) Survival – Any provision of this Agreement which is by its nature a continuing obligation will survive termination
of this Agreement.
5. (e) Interpretation – A word importing the singular includes the plural and vice versa, and references to “including”
shall be construed as “including, without limitation.