Terms and Conditions

1.1 'Tech Seek' means Tech Seek Pty Ltd, its successors and assigns, and any person acting with its authority.

1.2 'Client' means the person or entity receiving Services, and if more than one, each jointly and severally.

1.3 'Services' means all support, managed services, projects, hardware, software, subscriptions, and other goods or services supplied by Tech Seek to the Client.

1.4 'Membership' means a Total Care Membership plan selected by the Client and set out in the applicable Membership Agreement or order form.

1.5 'Fees' means the amounts payable by the Client for the Services, as set out in an invoice, quote, the Membership Agreement, or Tech Seek's published pricing at techseek.com.au/plans.

2.1 The Client accepts these Terms when they sign a Membership Agreement, place an order, or accept delivery of any Services. These Terms may only be amended with Tech Seek's written consent, and prevail over any inconsistent document unless expressly agreed otherwise in writing.

2.2 Tech Seek does not warrant that it will be able to diagnose or resolve every issue with a Client's systems. Where Tech Seek supplies goods (such as hardware), those goods are warranted free from defect for seven (7) days from delivery, unless the defect results from the Client's act or omission.

2.3 The Client agrees Tech Seek may use the Client's contact details for marketing and promotion of Tech Seek's Services, unless the Client opts out in writing.

2.4 The Client must give Tech Seek at least fourteen (14) days' written notice of any change of ownership, business structure, or contact details, and is liable for any loss Tech Seek incurs as a result of a failure to do so.

3.1 Where the Client holds a Total Care Membership, the Membership includes unlimited remote support during Business Hours, proactive monitoring, Microsoft 365 management, endpoint protection, vendor liaison, and general system optimisation, as further described in the applicable Membership Agreement.

3.2 Each Membership plan includes support for a defined number of users and devices, as published at techseek.com.au/plans.

4.1 Business Hours are 9am–5pm Monday to Friday, excluding Victorian public holidays. Coverage is limited during the Christmas/New Year period, as advised by Tech Seek each year.

5.1 'Unlimited' remote support refers to reasonable, business-as-usual support and is subject to this fair use policy. Tech Seek may, acting reasonably, treat excessive, disproportionate, or unreasonable requests as falling outside the Membership and quote separately for that work.

5.2 Tech Seek may discontinue or limit Services if, in its reasonable opinion, the Client's systems do not meet minimum technical requirements, or the Client's requirements are unusual or unreasonable. Where Services are discontinued on this basis, the Client remains liable only for Services delivered up to that point.

6.1 Membership Fees do not include projects, migrations, office or site relocations, after-hours support, or software development work, unless agreed in writing and quoted separately.

7.1 Total Care Membership is billed monthly in advance on a recurring subscription basis, processed via Stripe or Ezidebit on or around the 28th of each month.

7.2 The Client authorises Tech Seek to increase or decrease the monthly subscription amount where Services, licences, or add-ons are added, removed, or adjusted at the Client's request or with the Client's approval, including additional Microsoft 365 licences, backup services, email security or monitoring, VoIP or telephony services, additional users or devices, or storage. Adjusted charges will be processed via the Client's existing Stripe or Ezidebit direct debit and reflected in the next billing cycle.

7.3 A surcharge of 1.75% applies to invoices paid via Stripe.

7.4 Unless otherwise stated, Fees exclude GST. The Client must pay any GST or other applicable taxes and duties in addition to the Fees, without deduction or set-off.

8.1 On-site support within 20km of Tullamarine is included in Total Care Membership. Travel beyond this radius is charged at $1.20 per kilometre, each way.

8.2 On-site support during Business Hours is charged per the Client's plan tier (Core, Growth, Business, or Enterprise), as published at techseek.com.au/plans, with a minimum charge of one (1) hour, billed thereafter in 15-minute increments. After-hours on-site support is charged at $220 per hour.

9.1 Where the Client exceeds the users or devices included in their plan, the Client may pay an additional per-user or per-device monthly fee (currently $40 per user/device per month, unless otherwise agreed in writing) or upgrade to a higher plan tier. Charges will be added to the Client's monthly subscription and adjusted as usage changes.

9.2 Where website hosting is included as part of a Membership, hosting is limited to one (1) WordPress website, for service-based businesses only (eCommerce is not supported), with 2GB of included storage. Additional storage may be purchased at $5 per GB per month, or the Client may upgrade to a higher plan where applicable.

10.1 Where Tech Seek sells, supplies, or builds hardware or equipment for the Client ('Goods'), delivery occurs when Tech Seek or its nominated carrier delivers the Goods to the Client's nominated address, or when the Goods are made available for collection, even if the Client is not present.

10.2 Any delivery date given by Tech Seek is an estimate only, and Tech Seek is not liable for loss or damage arising from a delay in delivery.

10.3 Risk of loss or damage to the Goods passes to the Client on delivery, and the Client must insure the Goods from that point.

10.4 It is the Client's sole responsibility to back up data and remove any removable media before returning Goods for repair, servicing, or replacement. Tech Seek is not liable for loss or corruption of data arising from repairs or servicing performed on the Goods.

11.1 Ownership of the Goods does not pass to the Client until Tech Seek has received payment in full for those Goods and any other amounts owing by the Client, despite delivery having occurred and risk having passed under clause 10.

11.2 Until ownership passes, the Client must store the Goods so they remain identifiable as Tech Seek's property, must not sell, charge, or dispose of the Goods other than in the ordinary course of business, and must return the Goods to Tech Seek on request.

11.3 The Client irrevocably authorises Tech Seek to enter any premises where the Goods are reasonably believed to be kept, to recover possession of Goods in which Tech Seek retains ownership.

11.4 Where the Client has left Goods with Tech Seek for repair, modification, or other service and payment has not been received, Tech Seek has a lien over those Goods and may retain or sell them, in accordance with any law governing the disposal of uncollected goods, until all money owing is paid.

12.1 The Client acknowledges that these Terms constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) ('PPSA'), creating a security interest in all Goods previously supplied, and to be supplied in future, by Tech Seek to the Client, to secure payment of all amounts owing.

12.2 The Client agrees to promptly sign any documents and provide any information Tech Seek reasonably requires to register and maintain a financing statement on the Personal Property Securities Register, and to reimburse Tech Seek's reasonable costs of doing so.

12.3 To the extent permitted by law, the Client waives its right to receive notices under, and its rights as grantor or debtor under, the PPSA, including sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 142, 143 and 157, and agrees that sections 96, 115 and 125 of the PPSA do not apply to this security agreement.

13.1 Fees are payable as set out in the Membership Agreement or on the applicable invoice. Tech Seek may accept payment by direct debit, credit card, electronic/online banking, or other method agreed between the parties.

13.2 Interest accrues daily on overdue amounts from the due date until paid, at 2.5% per calendar month, compounding monthly at Tech Seek's discretion.

13.3 If the Client owes Tech Seek any money, the Client indemnifies Tech Seek for all reasonable costs and disbursements (including legal costs) incurred in recovering that debt.

13.4 Without limiting other remedies, Tech Seek may suspend or terminate Services without notice if the Client breaches these Terms, and will not be liable for any resulting loss.

13.5 The Client is not entitled to withhold or set off payment of any invoice on the basis that part of it is disputed.

14.1 The Client must provide Tech Seek with safe access to relevant premises, a safe working environment, relevant system passwords, electrical power, and internet connectivity where required, and must cooperate in implementing critical security controls recommended by Tech Seek.

14.2 Tech Seek may terminate Services immediately if the Client fails to provide a safe working environment, including in cases of verbal or physical intimidation, harassment, or bullying towards Tech Seek staff.

15.1 Backups reduce, but do not eliminate, the risk of data loss. Tech Seek is not liable for loss or corruption of data or files arising from servicing, repairs, or support, and the Client is responsible for maintaining independent backups of critical data.

16.1 Tech Seek is not responsible for outages, failures, or changes in third-party services (including internet, cloud, telephony, or vendor platforms) that are outside its control.

16.2 Tech Seek may use approved subcontractors to deliver Services, and may license or subcontract its rights and obligations under these Terms without the Client's consent.

16.3 Where a Membership includes third-party vendor licences, those licence commitments remain payable by the Client until their expiry, even where the Membership itself has ended.

17.1 Where Tech Seek designs, develops, or documents any solution for the Client, copyright in that material remains the property of Tech Seek, subject to any licence granted to the Client for its use.

17.2 Where Tech Seek supplies software and documentation, Tech Seek retains ownership and grants the Client a licence to use it. Third-party software must be used strictly in accordance with the licence under which it is supplied.

17.3 The Client warrants that any material it provides to Tech Seek does not infringe any third party's intellectual property rights, and indemnifies Tech Seek against any claim arising from such infringement.

18.1 The Client must inspect Goods on delivery and notify Tech Seek in writing within seven (7) days of any evident defect, damage, or shortage. Any other defect must be notified as soon as reasonably possible after it becomes evident, and the Client must allow Tech Seek to inspect the Goods.

18.2 Where the Client is not a consumer within the meaning of the Competition and Consumer Act 2010 (Cth) ('CCA'), Tech Seek's liability for a defect in the Goods is limited, at Tech Seek's option, to replacing the Goods, repairing the Goods, or refunding the price paid for the Goods.

18.3 Returns are accepted only where the Client has complied with clause 18.1, Tech Seek agrees the Goods are defective, and the Goods are returned within a reasonable time and in as close to their original condition as possible.

18.4 Tech Seek is not liable for any defect arising from fair wear and tear, misuse, failure to follow instructions, or continued use of Goods after a defect became apparent.

19.1 Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, or right implied by the CCA or other applicable law that cannot lawfully be excluded ('Non-Excluded Guarantees').

19.2 To the extent permitted by law and subject to the Non-Excluded Guarantees and clause 18, Tech Seek's total liability arising out of or in connection with the Services is limited to an amount equal to three (3) months' Membership Fees (or, for one-off Goods or project work, the price paid for that work), and Tech Seek is not liable for any indirect or consequential loss (including loss of profits) arising from a breach of these Terms.

19.3 Where Tech Seek provides advice or recommendations that are not acted on by the Client, Tech Seek is not liable for any resulting loss or damage.

20.1 Tech Seek handles personal information in accordance with the Privacy Act 1988 (Cth). The Client agrees Tech Seek may, where relevant to assessing creditworthiness or recovering overdue payment, obtain and exchange information about the Client with credit reporting agencies and other credit providers in accordance with that Act.

21.1 Either party may cancel a Total Care Membership by giving thirty (30) days' written notice. There is no lock-in contract or minimum term.

21.2 Vendor licence commitments referred to in clause 16.3 remain payable until their expiry, regardless of cancellation.

21.3 Where the Client cancels an order for Goods or a project before it is delivered or completed, the Client is liable for any reasonable loss Tech Seek incurs as a result, including loss of profit, and any deposit paid may be forfeited.

22.1 A failure by Tech Seek to enforce any provision of these Terms is not a waiver of that provision. If any provision is invalid or unenforceable, the remainder of these Terms continues in full force.

22.2 These Terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Melbourne, Victoria.

22.3 Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including act of God, war, industrial action, fire, flood, or storm.

22.4 The Client consents to receiving communications, invoices, and Membership Agreements from Tech Seek electronically, and agrees that signing or accepting an agreement electronically (including by reply email, ticking a box, or submitting an online form) satisfies any requirement for that agreement to be in writing and signed.

22.5 The Client warrants it has the authority to enter into these Terms, is not insolvent, and that these Terms create binding legal obligations on it.

22.6 Tech Seek may update these Terms from time to time. Changes take effect once notified to the Client, and continued use of the Services after that date constitutes acceptance of the updated Terms.

Tech Seek Pty Ltd — techseek.com.au