Just a few of our ground rules!

By using any of our services and/or products, you agree to be bound by these terms and conditions.

“we”, “us” or “our” means the company detailed above trading as GeekHQ.

“Working day” means any day other than a Sunday, a statutory public holiday in the Region or a Saturday in relation to which the previous Friday or following Monday is a statutory public holiday in the Region.

“you” or “your” means the customer, its agent and employees or any person acting on behalf of and with the authority of the customer that requested the Products and/or Services.


Onsite Support (Call out)
“Call out” means a single on-site visit made by us for the purpose of providing services and/or products. Where you arrange a call out, we will attend the premises for that call out at the arranged time.

For each call out, the minimum call out fee of $130 incl GST plus the applicable incremental fee of $32.50 for every 15 minutes as well as any applicable product fees. The incremental fee applies for each stated period after the first hour of the call out.

For call outs within our service area, the period will commence from the time we arrive at your premises. For call outs outside our service area, travel time will be included in the call out period.

To cancel or stop a call out, you must advise one of our team before the end of the previous working day. If you cancel a call out other than in accordance with this clause, you must pay a  fee of $60 incl GST for that call out. If you fail to cancel a call out and you do not attend the call out at the agreed time and location you must pay a fee of $130 incl GST for the call out.

At the beginning of the call out, we will try to diagnose any problem described by you and we may provide an estimate of the time required to provide any services. However, we do not guarantee any diagnosis or estimate of time will be accurate.

The duration of the call out will be agreed with you. If the services are not complete within that duration, we will discuss the options available, which may include extending that call out, arranging another call out or abandoning the services.

Once a call out commences, you must pay the fees for that call out, including the minimum call out fee.

To enable us to undertake the services, you must provide us with all information, assistance, co-operation and access to premises and equipment that we may reasonably require to undertake the services; and you, or some person over 16 yrs, must be present while we provide the services.

We will use reasonable endeavours to achieve the objectives of the services but we provide no guarantee, express or implied that the objective will be achieved and we will not be liable for any failure to meet the objectives provided we have used our reasonable endeavours.


Remote Support
Remote support is a service that provides computer and technology assistance over the phone and/or with remote access to your device where we deem it is required.

At the commencement of a remote support session we will endeavour to diagnose the problem described by you, however, we cannot guarantee our diagnosis will necessarily be accurate.

Scope of services offered by remote support are designed to offer help and advice for basic issues with your technology and include: assisting with error messages; troubleshooting currently connected printer and/or scanners; scheduling tasks; attempting to locate lost files; updating, extending or renewing software including anti-virus software; diagnosing reasons for a computer running slowly and if possible providing a fix; updating or fixing settings; repairing corruptions; installing software; malware/virus assessment and basic removal (where possible); advice regarding scamming concerns; advice with a range of technology devices including Windows PCs, Apple Macs, tablets, smartphones, smart TVs, routers, printers, scanners; setting up parental controls; preventative maintenance; or basic technology tutorials.

Should we not be able to diagnose and/or resolve the matters via remote support, we may, with your agreement, arrange onsite support (call out) to help resolve the issue.

To enable us to undertake the services you must provide us with all information, assistance, and co-operation that we may reasonably require to undertake the services; you must be present over the phone while we provide the services; our services are provided in the English language and within New Zealand only.

We will use all reasonable endeavours to achieve your objectives by providing our Services but we do not guarantee, express or implied the objectives of the call will be achieved and we will not be liable for any failure to meet the objectives.

We will always attempt to answer your call as quickly as possible, however, upon exceptional circumstances of heavy demand, we may have to take your details and call you back which we will make at least one attempt to do within the same day.

Please note that remote support may be unable to assist with internet issues or ISP problems; faulty hardware; network setup or servers; Linux, pre-Windows XP, pre-Mac 10.11 or earlier OSX operating systems; complicated malware removal; reset passwords if forgotten; installation of hardware; data recovery; device setup (including printers/scanners); parental controls; preventative maintenance; hosting, reselling of domain names, and web design; database configuration or maintenance; programming; VoIP / IP based PBX services; security alarm systems or CCTV; POS or bespoke software support.

You agree that our technical experts are entitled to access your equipment remotely to provide you with the services. Remote support is only available in relation to a remotely accessible device.

All component parts of your remotely accessible device must be fully working and fully assembled. Your remotely accessible device must have access and a sustained connection to the internet. Depending on your internet connection, speed, and plan we may not be able to provide remote support over dial-up, rural broadband or mobile internet connections.


Device Repairs
Where you send your device to us to be repaired, we will provide an estimate of the work that is required to complete the repairs needed as outlined in the “Repair Details Form”.

In order to avoid ordering and charging you for unnecessary replacement parts, we will first order the part most likely to be causing the problem and will only include this part and the associated labour in the estimate. If changing the first part does not resolve the problem, additional parts may need to be ordered. We will notify you of this situation prior to any parts being ordered or any further work being done.

Replacement parts are new or equivalent to new in performance and reliability. All replacement parts fitted for all service jobs are warranted to be free from defects for ninety days from the date of service.

If during the course of repair, an unrelated part fails due to normal wear and tear, we are not liable for any such damage or any pre-existing condition (such as dry solder). We will provide a further estimate of the cost to replace the additional parts, including the cost of labour to do so.

We reserve the right to not proceed with any work until we have received a completed and signed “Repair Details Form” from you.

We reserve the right to refuse repairs for devices that show signs of organic material or be in any other state that may pose a health and safety risk to us.

We will not be held responsible for any damage to a device that occurs during the repair process that is a result of any modifications, repairs or replacements not performed by us. If damage results, we will seek your authorisation for any additional costs for completing the service or we may return your device un-repaired and in the damaged condition without any responsibility.

All repairs are undertaken with the assumption that the appropriate backups have been made. We are not responsible for any data loss.

We may hold a client’s device until such time as all charges and other outstanding invoices have been paid in full.

If your device has not been collected or successfully returned after communication and advice to do so for over three months, we reserve the right to dispose of your device.

All turnaround times quoted by us are estimations and are subject to change at any time without notice.

Faults can not always be absolutely determines without attempting to replace parts that may or may not be faulty. 


Product Ownership & Risk
“Products” means any hardware, software or other products provided by us and “Product fees” means the fees or cost quoted by us for any product purchased by you.

Where agreed with you, we will provide products as part of a call out and subject to these terms and conditions.

Ownership of products remains with us until payment is made in full from cleared funds for the products.

We supply the products to you on condition that we have a purchase money security interest (as defined by the Personal Property Security Act 1999) in the products.

If you fail to make payment in whole or part for the products you have ordered, we may re-possess and re-sell or retain the products and may for that purpose enter upon your premises or any other premises upon which the products are situated at any time and without notice and without being in any way liable to you or any other person or entity.

The risk of any loss or damage to any of the products sold, or deterioration of the products, due to any cause whatsoever shall pass to you upon delivery of the products. If the products remain in our possession owing only to the failure by you to accept the products at your request, such products shall be at your risk.


Payment
We will invoice the fees for each call out at the end of the call out and you must pay those fees to us at the end of the call out (“due date”).

Any other amounts payable under these terms and conditions will be payable immediately upon issuance of our invoice.

Depending upon whether any further services or work may be required to be carried out by us following our diagnosis of the problem described by you or any products you may order to be supplied to you, we may require a deposit to be paid by you on account of any additional service cost we may reasonably incur or on account of the product fees.

Payment must be made in cash, approved credit card or internet banking. If using internet banking, you must provide us a printed copy of the confirmation of payment printed from your internet banking screen at the completion of the call out.

If you do not pay on time, you must pay interest to us at the rate of 25% per annum from the due date until the date payment is received by us in full and you must pay any additional administration and debt collection costs (including legal costs).

If your account is in default, we may cease work on any matter for you until the default is remedied.

Without prejudice to any other right or remedy we may have against you, if you fail to make payment of any monies due to us on the due date in respect of any work or installation we may have carried out on your computer while in our possession, you accept that we may at our discretion retain a worker’s lien over your computer which we have worked on, pursuant to the provisions of the Wages Protection and Contractors Liens Repeal Act 1987 until payment is made by you.

You acknowledge and agree that if you have ordered products comprising software by electronic delivery and that software has been installed by us and the software licence is activated either on your computer or a computer you have agreed to purchase, then it is not reasonably practicable to remove the software installation or de-activate the software. In that event and for that reason once you have ordered the software with the instruction to proceed with installation, you agree that you shall be committed to that purchase of the software and subject to these terms and conditions. The software cannot be returned unless we agree otherwise pursuant to a specific individual agreement made with you by us at our discretion, within seven days of invoice.

Once you have confirmed your order with us for the supply of any products, then unless we are unable to supply such products upon the terms specified, you will be committed to the purchase of those products and have no right of cancellation or refund of monies paid but subject at all times to these terms and conditions and your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, if applicable, unless we agree otherwise pursuant to a specific individual agreement made with you by us at our discretion, within seven days of invoice. We reserve the right in any such specific individual agreement to claim recovery of the reasonable administration and other cost we have incurred.


Confidentiality & Privacy
We will maintain as secret and confidential all information we obtain from you in providing the services and will not use that information for any reason other than as necessary for providing the services. This obligation will not apply to information that is in the public domain or that is known to us or obtained by us without breaching any obligation to you or that we are required to disclose by law.

You authorise us to collect, retain, use and provide to our staff and agents any personal information about you for the purposes of credit approval, meeting our obligations to you, marketing, and enforcing our rights against you.

All calls are recorded. We will keep a record of all contact and communication including details of your devices and equipment. Your data security and privacy are paramount and very important to us. With your express consent, we will keep a record of your passwords unless and until you request otherwise. 


Warranty
We warrant that we will use reasonable skill and care in undertaking the services.

No warranty is given for the products where any failure or defect results from improper storage or handling of the products by you, your employees, agents or customers; use, installation, modification or alteration (including repair) of the products other than as recommended or authorised in writing by the manufacturer or us; fair wear and tear on the products; failure to maintain the products in accordance with any care or maintenance instructions provided by us or the manufacturer; or any other matter or event specified in relation to a specific product as invalidating or being excluded from any warranty.

Except as otherwise provided in the Consumer Guarantees Act 1993 and the Fair Trading Act, the sole remedy in relation to the breach of any warranty under this agreement or at law, in relation to any: service, will be for us to re-perform such services to the required standard; or product, will be for us to repair or replace such product, at our option, provided that if neither option is available to us (as determined solely by us) we may refund the price paid for that product.

We have no obligation to install, customise or provide any other service in relation to any products repaired or replaced due to a breach of any product warranty.

You acknowledge that if the services or products are supplied for business purposes in terms of the Consumer Guarantees Act 1993, the guarantees provided under that Act do not apply.

Other than the warranties set out in these terms and conditions, all other express or implied warranties in respect of the services and products are excluded to the fullest extent permitted by law including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. All statements, technical information and recommendations made by the manufacturer and/or us about the services or products are believed to be reliable, but do not constitute a guarantee or warranty express or implied by us to you.

You warrant that you are authorised to arrange each call out and, in providing the services or products, our access to your premises, use of the equipment, software, information or other material made available by you will not breach any third party rights.


Liability
The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and any other statutes may apply warranties and conditions or impose obligations upon us which cannot by law (or which can only apply to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded, only apply to the lesser of the minimum extent required by the relevant statute or the fees paid under invoice for the products or services.

Except as otherwise provided above, in no event will we be liable (whether in contract, tort including negligence or otherwise) to you for loss of profits or savings, loss of goodwill or opportunity, loss or corruption of data, or wasted staff time; or loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any services or products supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.

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.

You indemnify us together with our officers, directors, agents, advisors and employees against any and all liability, losses, damages, costs, penalties and expenses of any nature whatsoever awarded against, incurred or suffered by us, or our officers, directors, agents, advisors and employees whether direct or consequential, arising out of or resulting from your breach of these terms and conditions.

While our phone-based technical experts will strive to keep their diagnosis as accurate as possible, there may be a requirement for an on-site technician visit. Under these circumstances, additional cost may apply at the standard GeekHQ service rates.

You expressly acknowledge and agree that we have no responsibility or liability arising out of the use of any password or passwords provided by you, or for any loss or corruption of data, software or hardware that may arise out of the services. It is your responsibility to have a reliable back up of your data.

We are not responsible for any losses you may suffer arising from your use of (or failure to use) any anti-virus software.


Termination
We may immediately terminate the agreement between us if we consider that you are in breach of these terms and conditions; there is any threat to the safety of any of our staff or agents; there to be the presence of unlicensed or illegal software; your equipment contains any pornographic, obscene, offensive or illegal content; or you are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.

If we terminate our agreement we will cease to undertake the services and all fees incurred up to that time will immediately become payable.


General
We will not be liable to you for any breach or delay or failure to perform any of our obligations where such breach or delay or failure is caused by anything beyond our reasonable control, including (without limitation) inability to obtain supplies, war, civil commotion, terrorism, strike, lockout, other industrial act, weather phenomena or other act of God (including any failure by any of our suppliers to supply on time).

The current terms and conditions at any time are available on our website: www.geekhq.co.nz.

New Zealand law governs the formation, validity, construction and performance of these terms and conditions.

These terms and conditions shall be binding on your legal representation, assignees and successors.

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

No failure or delay on our part in exercising any power or right under these terms and conditions will operate as a waiver.


Competitions & Promotions
The promoter is Media Refinery Ltd trading as GeekHQ.

Competitions are open to residents of New Zealand except employees of GeekHQ and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

Any Competition or promotional special cannot be used in conjunction with any other offer.

Only one entry will be accepted per person unless stated otherwise.

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

The prize will be as stated and no cash or other alternatives will be offered.

Winners will be chosen at random by software, from all entries received and verified by promoter and or its agents.

If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

The promoter will notify the winner when and where the prize can be collected / is delivered.

The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current New Zealand data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

You authorise us to collect, retain, use and provide to our staff and agents any personal information about you for the purposes of future marketing correspondence.

No responsibility can be accepted for entries not received for whatever reason.

Entry into the competition will be deemed as acceptance of these terms and conditions.



These terms were last updated on 1 Feb 2021.