Terms, Conditions and Warranty

e-geek agrees to provide, and you the customer or client agrees to receive, access to the web and computer services according to the following agreement of Terms and Conditions:

1. General Definitions

   1. The "client" or "customer" is the person or entity who is applying to receive, or who is receiving, web or computer services from e-geek.

   2. The "reseller" is the person or entity who is applying to receive, or who is receiving, web or computer services from e-geek for the purpose of reselling to their own clients or customers.

   3. "You" or "your" means you the client, customer or reseller.

   4. "We", "us" or "our" means e-geek (ABN: 52 250 792 069 (OJC Enterprises)) www.e-geek.com.au

   5. "Intellectual Property" means all copyrights, computer code scripts, database rights, patents, registered and unregistered design rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.

   6. "Product" means any hardware or third-party software/applications provided or required by e-geek to fulfil this Agreement, or any software or Intellectual Property supplied by e-geek.

   7. "Project" means the provision of consulting services and products by e-geek to the Client relating to the creation, modification, development or design of a website or similar product that may be accessed and viewed online through a recognised web browser.

   8. "Retained Copyright" means any computer codes or scripts written, compiled or modified by e-geek in HTML, XTML, Python, zope, plone, mySQL, CSS, CGI, Perl, Java, ASP or any other computer language and incorporated into the website.

   9. "Third Party Copyright" means Intellectual Property owned by third parties in software used by e-geek in creation of the website.

   10. "Code and Script License(s)" refers to Open Source license(s) meaning "GNU General Public License (GPL)" that all computer code or script written, compiled or utilised by e-geek is licensed under GNU. Please refer to http://www.gnu.org/licenses/gpl.txt

   11. "Website" means a compilation of one or more webpages being a combination of text, data, images and/or other material accessible via standard online communications or the Internet.

   12. "Technical Services and Products" refers to the provision of any technical services and/or products utilised by e-geek in order to fulfil the agreement outlined in the Schedule.

2. General

   1. e-geek will provide you with at least one login name and password, allowing you to access our Web based control panel for use to configure various aspects and features of your service.

   2. You must adopt appropriate measures to ensure the security of your login name, password and data.

   3. e-geek provides web hosting related services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

   4. You must use the web hosting services in a manner consistent with any and all applicable laws of the State of New South Wales and the Commonwealth of Australia.

   5. e-geek will not be held responsible for any previous terms and conditions or service level agreements that the client may have with another provider.

   6. e-geek will not be held responsible for any damages arising from the use of our or by your inability to use our services including all software for any reason.

   7. While we shall make every reasonable effort to protect data stored on our server(s), e-geek will not be held responsible for any customer's data, files, or directories residing on our equipment. The customer is solely responsible for maintaining data, file, and directory structure backups.

   8. You are responsible for developing, installing and maintaining your data. You must have appropriate and compatible equipment, software and internet access to upload your data to our systems.

   9. You are solely responsible for dealing with person(s) that access your data, and must not refer any complaints or inquires in relation to your data to us.

   10. The customer is required to provide e-geek with correct and up to date contact details for billing and technical notification purposes. We will take no responsibility for disruption to services due to inability to contact the customer.

3. Payment

   1. You agree to pay e-geek the required fees for related web hosting services. Extra fees may be charged for additional services as per prices indicated at www.e-geek.com.au

   2. All web and computer services such as domain registration, ssl certificates, IP addresses, hardware, etcetera provided by e-geek must be paid in advance.

   3. Website development and design work undertaken by e-geek are based on individual quotes, by signing the quote you agree to the terms of the payment schedule set out in the quote.

   4. e-geek will be entitled to invoice the Client on an interim basis – this being at least monthly - for progress payments for any services performed or products supplied during the previous month (or during any earlier period which has not previously been invoiced under this agreement) together with such expenses as the Client is required to reimburse e-geek.

   5. The Client will be required to reimburse e-geek for all expenses incurred by e-geek on the Client’s behalf, or in carrying out its obligations under this Agreement.

   6. The Client will pay e-geek for the cost of any Products (including any licensing that e-geek is required to pay to obtain a sub-license in favor of the Client for any third party software) together with e-geek’s own charge that it levies for handling and/or obtaining any relevant sub-licenses.

   7. e-geek is entitled to charge for any consultancy and/or research, and the client agrees to pay in full any costs relating to research in order to provide the products as services required to fulfill the obligations set out in the Schedule.

   8. Account renewal notices for web related services will be forwarded by electronic mail to your nominated email address no earlier than 30 days prior to the account becoming due, and again on the due date of payment.

   9. All invoices rendered by e-geek are payable within ten (10) days from the date of invoice. The Client agrees to pay e-geek in full within this specified time period unless otherwise agreed upon in writing by e-geek.

   10. Where an account becomes more than 10 days overdue, the client's service will be automatically deactivated pending payment. A re-activation fee may be applied to the client's account in addition to any outstanding amounts. Reactivation of service will only occur when the full outstanding amount, including any additional fee(s), is paid.

   11. You agree to pay all government taxes, duties and levies, including GST (Goods and Services Tax) in addition to the fees payable to e-geek for web and computer services, The GST will be calculated by multiplying those fees by the prevailing GST rate. You agree to pay the amount of GST at the same time and in the same manner as the fees payable to e-geek.

   12. All prices quoted by e-geek are in Australian dollars and inclusive of GST.

   13. Accounts may be paid by Cheque, Money Order or Direct Deposit Transfer.

   14. If paying by Cheque or Money Order, You must make them payable to 'e-geek' and ensure your domain name or invoice number is printed clearly on the reverse of the Cheque or Money Order. A remittance notice must also be enclosed for identification purposes. All payments should be posted to: e-geek, 49 Chinchen St, Islington, NSW 2296.

   15. If paying by Direct Deposit Transfer our banking details are:

       1. Account Name: e-geek

       2. Account No: 983909601

       3. BSB No: 650300

       4. Bank: Newcastle Permanent

   16. Your domain name or invoice number is your identification; you must send an acknowledgement of payment via email to accounts or posting a remittance notice to: e-geek, 49 Chinchen St, Islington, NSW 2296.

4. Development and Design

   1. All requests for development and/or design must be made in writing, with dot points clearly stating the client's request(s). A quote will then be prepared based on the written request(s) and information provided by the client.

   2. A clear definition of a clients request(s) must be provided in writing and any documentation to support the project must also be supplied by the client in writing before e-geek prepares the quote. Any information added to original request(s) or project brief will result in the quote being invalid and a new quote will be required.

   3. At no time will e-geek be held to any agreement(s) or client request(s) made verbally. Projects to be completed by e-geek - including, but not limited to, any modifications or amendments - must be approved in writing by the client, before work can commence.

   4. e-geek has the right to refuse delivery of any additional requirements or modification(s) to the website that are not specified in the schedule

   5. The Client must look at prioritising their requirements based on the feedback from e-geek regarding progress, before or during each milestone, stage or phase if necessary.

   6. e-geek must identify and inform the client of any changes concerning the project that may have a direct effect on the estimated timelines and costs.

   7. e-geek shall be entitled to provide the technical services and products remotely from its own premises. If e-geek is required to attend the client’s premises for any reason in accordance with this Agreement, the client may be required to reimburse e-geek for reasonable transport and/or accommodation expenses incurred by e-geek in such a visit.

   8. e-geek holds the right to charge for quotations should any client request(s) result in software or applications research.

   9. e-geek will not be held responsible for any incorrect interpretation of clients concept or vision.

   10. All code development by e-geek is produced under an Open Source license, please refer to the code itself, and if not explicitly stated, the code is GPL (General Public License). For more information in regards to GPL please refer to the following link www.gnu.org/licenses/gpl.txt

   11. Once the Project has, in the opinion of e-geek, been completed, e-geek will notify the Client in writing and provide the Client with an opportunity to test and accept the Website.

   12. The Client shall have fourteen (14) days after the notification from e-geek to test and accept in writing the Website.

   13. If within fourteen (14) days the Client determines by written notification to e-geek that the Website does not comply with the Project Specification as delineated in the Schedule, e-geek agrees to carry out the necessary modifications without extra charge.

   14. If after fourteen (14) days the Client has not provided written notification to e-geek that the Website does or does not comply with the Project Specification, e-geek shall consider that the Website does comply with the Project Specification and the Client has accepted the Website.

5. Website Conditions

   1. Our websites are built for xhtml compliant browsers. The layout may change in older browsers. All websites are optimised to work as effectively as is possible in all major browsers.

   2. Domain names are legally owned by your business and not by e-geek. All domain name registration is subject to availability and registration rules.

   3. e-geek will not be held responsible for backup of any data unless otherwise requested and agreed upon in writing.

   4. e-geek is not responsible for issues created by clients in management areas.

   5. Search engine rankings are out of the control of e-geek and therefore the Customer agrees that no guarantees can be given by e-geek in respect to such rankings.

   6. e-geek cannot be responsible for image quality. All logos and branding must be provided in a professional, electronic and editable format

   7. All text must be supplied in digital format (i.e. MS Word, Open Office, plain text).

   8. Website Management Software requires the latest version of Firefox or Internet Explorer Browser (both free) and an internet connection.

   9. Personal support is available, the standard charge being $66 per hour, in 15 minute increments.

6. Domain Names

   1. Any fee(s) relating to the registration of a domain name(s) must be paid in advance.

7. Trademarks and Copyrights

   1. The customer warrants that it has the right to use the applicable trademarks of the customer, and grants to e-geek the rights to use such trademarks, if any, in connection with promotion of, referencing of, cataloguing of, or indexing of clients hosted by e-geek, this includes the publication of your domain name on any sites owned or maintained by e-geek.

   2. You hereby agree to take full responsibility of content and that any material submitted for publication with e-geek through web hosting services received by the client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous or harmful. e-geek will not be held responsible or liable for any content on e-geek servers.

8. Intellectual Property and the Granting of Licences

   1. Unless otherwise agreed upon in writing by e-geek, the copyright and all other rights relating to any software, images, source code, scrpits provided to the Client by, or on behalf of, e-geek in accordance with, or to this Agreement (the "Intellectual Property"), will remain the property of e-geek or where applicable under 'GNU General Public License (GPL)'. For more details please refer to: http://www.gnu.org/licenses/gpl.txt

   2. Upon payment in full for the services performed, and/or the products supplied by, or on behalf of, e-geek in accordance with this Agreement, e-geek grants the Client a non-exclusive and non-transferable perpetual license to use the Intellectual Property for the Client’s website only. In the case of the third party software, e-geek will obtain a sub-license in favor of the Client in similar terms.

   3. e-geek warrants to the Client that to the best of its knowledge, it has the right to grant the licenses referred to in this Agreement, and the use by the Client of any software provided by e-geek will not infringe the rights of any third party.

   4. The Client agrees that e-geek has the right to use their website and any supplied images, text, source code, scripts or Intellectual Property in the promotion of e-geek and its subsidiary companies services and products.

9. Hardware, Equipment, and Software for Web Service Access

   1. You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access our web hosting services, including the knowledge base to be able to us such equipment. e-geek makes no representations, warranties, or assurances that your equipment will be compatible with our services.

10. Web and Computer Service Warranties and Indemnity

    1. e-geek will provide the client with web and computer services as displayed on the e-geek website located at www.e-geek.com.au

    2. e-geek services including and without limitation, all text, graphics, links, and applications are provided on an "AS IS, AS AVALIABLE" basis. We give no warranty, express or implied, for the web hosting services provided. This expressly includes any reimbursement for losses of income due to disruption of services by e-geek or its providers.

    3. e-geek does not warrant that:

       1. the service will be uninterrupted or error free;

       2. the service will meet your requirements; or

       3. the service will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or our systems.

    4. You warrant that:

       1. you have the power to enter into and observe your obligations under this agreement;

       2. you have not relied on any representation made by us or upon any descriptions or illustrations or specifications contained in any document supplied by us;

       3. you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto, or downloaded by you from, our systems does not contain any computer virus and will not in any way, corrupt the data or systems of any person;

       4. you will keep secure any passwords used with our service.

11. Hardware Warranty

    1. All products sold by e-geek are covered by standard manufacturer warranty. Goods under warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any circumstances. Warranty will not be covered if any products are physically damaged. Warranty does not include software issues or loss of data.

    2. The testing charge of $25 may incur for any parts returned for warranty if not found faulty

    3. e-geek will not be responsible for any failure that may occur to those products due to incorrect installation, or by not following manufacturer’s instruction. We strongly recommend a qualified technician should install any hardware purchased from e-geek.

    4. LCD screens are allowed some ‘damaged ‘ pixels in the display before being classified as faulty (as directed by manufacturers).

    5. e-geek does not handle warranty claims for those goods where manufacturer accepts direct warranty claims from customers. Clearance items may have limited warranty period.

    6. Customer is responsible for all the shipping charges and insurance cost related with refund of defective merchandise. A similar product shall replace products discontinued by manufacturers) or a credit will be given at the current market value or the purchase prices whichever is lower.

    7. Opening a system case will void the warranty of system or upgrade purchases.

12. Refund Policy
    

    1. No refunds will be provided, unless specified by Fair Trading Legislation. Refunds must be claimed within 7 days from the date of purchase. All products refunded must be in original condition including packaging, manuals and software. Any products returned may incur up to a 20 % restocking fee. All cost incurred in returning the product to e-geek for repair, replacement or credit are the customer’s responsibility.

       1. Customer must notify us and obtain RA (return authorisation) before any products are returned.

       2. A copy of original invoice must be sent with the goods.

       3. An RA doesn’t guarantee credit, repair or replacement. It is just an authorisation to return products to us.

       4. We will not accept non-faulty opened software for return, under any circumstances.

       5. Please check the specifications and compatibility of the products being ordered to ensure they are what you want as we do not sell goods on a trial basis.

       6. Customers are welcome to get advice from us on the compatibility or suitability of the equipment being purchased.

    2. e-geek cannot guarantee that it will work in your system and we take no responsibility that it will meet your criteria.

       1. We do not refund or credit for incorrect purchase.

       2. No credit is available for any freight paid.

       3. RA is valid for 7 days only.

       4. If you receive a product that appears to have been ‘Damaged in transit", that is damaged in transit from e-geek to you, you should refuse to accept delivery of the goods and notify us immediately.

    3. If e-geek is warned from delivering the products because of any act of God, industrial dispute, lock-out, fire, flood, war, transport delays or any other cause beyond its control then it shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to cancel the sale and in neither case shall the customer have any claim for loss or damage against e-geek.

13. Liability

    1. e-geek shall under no circumstances be held liable for damages of any kind, resulting from loss or corruption of data, loss of revenue or profits, use of the e-geek site or any e-geek products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any e-geek products or services. In no event shall e-geek cumulative liability exceed an amount greater then the costs of one years fee for annual hosting services.

    2. The Client hereby indemnifies e-geek against any loss or damage arising directly or indirectly from any unauthorized use of

       1. the facilities to which e-geek has been granted remote access, provided that such unauthorised use has not arisen as the result of any material breach by e-geek.

       2. photographs, images, text, or other Intellectual Property not under copyright ownership of the Client.

    3. Under no Circumstances, and under no legal theory, tort, contract, or otherwise, shall e-geek be liable :

       1. to the Client or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will e-geek be liable for any damages even if the Client shall have been informed of the possibility of such damages, or for any claim by any third party.

       2. for legal expenditure, fines or otherwise arising out of the unauthorised use of photographs, images, text, or other Intellectual Property not under copyright ownership of the Client, either provided by the Client to e-geek, or used by the Client on the Website provided by e-geek. Furthermore, the Client does hereby agree to pay any legal expenditure, fines or otherwise incurred by e-geek as a result of any unauthorised use.

    4. e-geek shall be responsible for checking work (code, scripts) carefully for accuracy in all respects, with full testing of products and components.

    5. e-geek is not responsible for any delays, errors, omissions or extra costs resulting from faults in the internet, fax, telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.

    6. e-geek will not be held responsible for any incorrect interpretation of the Clients requirements or requests. It is the sole responsibility of the Client to ensure that their requirements set out in the schedule are fully understood.

14. Suspensions and Termination

    1. This agreement commences on the date specified on the web based control panel as the date that we accepted your order for web hosting services and continues until terminated in accordance with this agreement.

    2. Either party may terminate this agreement at any time by providing the other party with written notice. Cancellation of any services will not take effect until such notice is received.

    3. Immediate deactivation of services will take place upon receipt of the cancellation notice unless a specified date for deactivation has been requested within the written notice.

    4. The service (including any files, hosting space, databases or other related items) will be deleted from e-geek servers. It is the responsibility of the client to ensure that all required data is backed up by the client prior to deletion.

    5. If we provide you with a copy of your Data, then we are entitled to charge you an additional fee calculated at our hourly rate or part thereof for the time taken to recover and provide you with that data.

    6. You remain liable to pay all fees and charges set out in this agreement during any period of suspension or cancellation or denial of access.

    7. Payments made for web hosting services are not refundable. All prepaid accounts will be forfeited.

    8. e-geek reserves the right to suspend web hosting services and any other services provided without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred during the collection of any unpaid amounts.

    9. Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited. Any client found to be Spamming will have their web hosting and any other services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of the act of spamming.

15. Resellers (In addition to current e-geek terms & conditions)

    1. e-geek will not be held responsible for any clients of the reseller, your clients are your responsibility as a reseller and we provide hosting services to you the reseller only.

    2. The reseller agrees to maintain all payments for web and computer services for their clients, this being the sole responsibility of the reseller, see clause 3.0 for payment terms and conditions.

16. Change

    1. e-geek reserves the right to modify these terms and conditions in any way and as required. Continued usage of our web hosting services indicates you accept the Terms and Conditions in their amended form.

17. Additional Terms

    1. Agreement with, and acceptance of, Privacy Policy and Acceptable Use Policy (AUP) is implied by your acceptance of these Terms & Conditions. Details of the Privacy Policy and Acceptable Use Policy (AUP) can be found below this section.

18. Agreement

    1. By using e-geek web hosting services, you acknowledge that you have read the above mentioned agreement, and you agree to its terms and conditions and all policies posted on the e-geek website located at the following URL www.e-geek.com.au or any other site owned or maintained by e-geek.

End of Terms and Conditions.

Acceptable Use Policy (AUP)

One important aspect of the internet is that no one party owns or controls it. This fact accounts for much of the internets openness and value, but it also places a high premium on the judgement and responsibility of those who use it to distribute information to others. e-geek does not review, edit, censor, or take responsibility for any information that clients may create. When users place information on the internet, they have the same liability as other authors for copyright infringement, defamation, and harmful speech.

This Acceptable Use Policy (AUP) is designed to make clear exactly which activities must not be engaged in whilst using services provided by e-geek. The policy will in no way restrict your activities provided you act in a considerate and law abiding manner.

Acceptance of changes

e-geek may from time to time vary the Acceptable Usage Policy, charges and conditions outlined in this agreement. Notice of such changes can be viewed on the e-geek website located at the following URL www.e-geek.com.au Continued usage of our web hosting services indicates you accept the Acceptable Use Policy in their amended form.

Email abuse

The act of sending unsolicited email ("spam" or "junk mail"), or allowing other parties to send such email through you account is not acceptable. Distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited E-mail or spam is also prohibited. This may result in suspension or cancellation of your account.

Obscene Speech or Materials

Using the e-geek servers to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. e-geek is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through e-geek servers.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks are strictly prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the e-geek services are also prohibited.

Illegal or Unathorised Access

Gaining or attempting to gain illegal access, or access without authorisation to computers, networks or accounts owned by e-geek or belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking" will not be accepted. Such activities may include (scans or other information gathering activities).

Forging Headers

Forging or modifying email headers whether in whole or in part, to hide or mislead your identity will not be accepted.

Copyright and Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities is not acceptable. Users of our services should at all times ensure that all information published and made accessibly to the general public is not in breach of any applicable copyright or intellectual property laws.

The responsibility for avoiding the harmful activities as described above lay firmly with the client. e-geek does not monitor the communications of its clients to ensure that they comply with e-geek policies or applicable law. Should we become aware of such misuse or harmful activities e-geek will take any actions that we deem appropriate to stop the offender including but not limited to; the removal of information, suspension or termination of a website.

We would like to remind you that the internet is neither more or less secure that any other form of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. With this in mind, we urge you to assume that all on-line communications and by no means totally secure.

End of Acceptable Use Policy (AUP)

Privacy Policy

In the course of providing and servicing our clients, e-geek receives, stores and transmits data that may be considered as private or sensitive. We will only collect data which is voluntarily supplied by the client.

Some data is required in order to establish and provide you with web and computer services. Examples of such data may include; name, address, telephone number, email address, ABN.

Other data created and stored by e-geek in order to configure and maintain the clients services may include; username and password for login/access purposes and your account status.

 

e-geek will protect the confidentiality of its clients data and any personal communications. We have in place security measures to client ensure that personal data stored on our system is secured and un-authorised access is prevented. Whilst e-geek does have access to all data stored on our servers, we will at no time unless required by law disclose the contents of any data stored on our equipment.

e-geek will not disclose or make available the clients personal and account data unless we have reason to believe that disclosing such information is necessary in order to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of e-geek, our clients or others, or where we firmly believe that the law requires such disclosure.

e-geek agrees to provide, and you the customer or client agrees to receive, access to the web and computer services according to the specified Terms and Conditions:

We may also release the following information/data with authorisation to do so by the client in order to register a domain name; contact name, business name, contact email address, company postal address, ABN (for .au domain names only).

We will not disclose client to third parties the contents of any electronic mail or other electronic communications that e-geek stores or transmits for its client. The circumstances under which e-geek will disclose such information are when;

1. it is necessary to provide service to the client

2. it is necessary to protect the legitimate interests of e-geek and its providers and clients

3. it is required to cooperate with interception orders, warrants, or other legal process that e-geek determines in its sole discretion to be valid and enforceable; and

4. it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by e-geek and appear to relate to the commission of a crime.

When an account is cancelled with e-geek all data collected from the user will be maintained until all accounts have been settled and for a period not less than 6 months after the cancellation of service.

End of Privacy Policy