Terms & Conditions

1. Scope of Agreement

  • These Terms & Conditions govern all services provided by TechCares, including but not limited to:
    • Managed IT Services
    • Hardware supply and repairs
    • Point of Sale (POS) solutions
    • Cloud, hosting, and web development services
  • By requesting a quote, engaging services, or accepting a proposal, the Client enters into a legally binding agreement with TechCares.
  • Where applicable, these Terms operate alongside any Service Level Agreement (SLA), Statement of Work (SoW), or Master Services Agreement (MSA). In the event of inconsistency, the order of precedence will be: MSA → SLA → SoW → Terms & Conditions.
  • Services are limited to the agreed scope. Any out-of-scope work may incur additional charges.

2. Client Obligations & Data Security

Data Backup & Responsibility

  • The Client acknowledges that IT services, including repairs, upgrades, and maintenance, carry an inherent risk of data loss, corruption, or system failure.
  • The Client is solely responsible for maintaining current and complete backups of all data, software, and configurations prior to service commencement.
  • TechCares:
    • Does not guarantee data preservation, and
    • Is not liable for any loss of data, software, or licenses, except where required under the ACL.

Cybersecurity & Access

  • The Client must:
    • Provide secure and timely access to systems, credentials, and infrastructure as required.
    • Maintain reasonable internal security practices (e.g., password management, MFA where applicable).
  • TechCares is not responsible for breaches arising from:
    • Client negligence,
    • Compromised credentials, or
    • Third-party systems outside TechCares’ control.

Software Licensing

  • The Client warrants that all software installed is properly licensed and compliant with applicable laws.
  • TechCares:
    • Does not verify ownership of licenses unless explicitly engaged to do so, and
    • Is not liable for any licensing breaches by the Client.

3. Repairs, Risk & Abandoned Property

Risk & Title

  • Risk in goods passes to the Client upon:
    • Collection, or
    • Delivery to the nominated address.
  • Title in goods remains with TechCares until full payment is received.

Unclaimed Goods

  • Where a device is not collected within 60 days of notification of completion:
    • TechCares may treat the goods as uncollected goods under the Australian Consumer Law and Fair Trading Act 2012 (Vic).
    • TechCares reserves the right to dispose of or sell the goods to recover reasonable costs, including parts, labour, and storage.
  • Reasonable attempts will be made to contact the Client prior to disposal.

4. Service Warranties & SLA Commitments

Hardware Repairs

  • Replacement parts supplied by TechCares carry:
    • A 180-day limited warranty, plus
    • Any applicable manufacturer warranty.
  • Warranty claims are limited to repair or replacement of the faulty component.

Warranty Exclusions

Warranty is void where damage or faults result from:

  • Physical damage, impact, or misuse
  • Liquid ingress or environmental exposure
  • Unauthorised repair or tampering
  • Power surges or external electrical faults
  • Software issues caused by the Client (e.g., malware, unauthorised downloads)

Managed IT & Digital Services

  • Services are provided on a best-effort basis, subject to the agreed SLA.
  • While TechCares aims to meet defined uptime and response targets:
    • Services are not guaranteed to be uninterrupted or error-free.
  • SLA breaches may entitle the Client to service credits only, not refunds, unless otherwise stated.

5. Third-Party Services & Dependencies

  • TechCares may utilise third-party providers (e.g., Microsoft, hosting providers, telcos).
  • The Client acknowledges that:
    • Service performance may be impacted by third-party outages or failures.
    • TechCares is not liable for issues caused by third-party services outside its control.
  • Third-party terms and conditions may also apply.

6. Limitation of Liability

  • To the maximum extent permitted by law:
    • TechCares’ total liability for any claim relating to services is limited to the amount paid by the Client for the specific service giving rise to the claim.
  • TechCares is not liable for any indirect or consequential loss, including but not limited to:
    • Loss of profits
    • Loss of business or revenue
    • Loss of data
    • Loss of reputation or goodwill

Australian Consumer Law (ACL)

  • Nothing in these Terms excludes, restricts, or modifies any rights under the Australian Consumer Law.
  • Where liability cannot be excluded, it is limited (at TechCares’ option) to:
    • Re-supplying the services, or
    • Paying the cost of having the services supplied again.

7. Service Suspension & Termination

  • TechCares reserves the right to suspend services where:
    • Payment obligations are not met, or
    • The Client breaches these Terms.
  • Suspension may include disabling access to:
    • Networks, systems, hosting, or managed services

Termination

  • Either party may terminate services with written notice as per the agreement.
  • Upon termination:
    • All outstanding fees become immediately due
    • Access to services may be revoked
    • Transition assistance may be provided at additional cost

8. Confidentiality & Privacy

  • Both parties agree to maintain the confidentiality of commercial, technical, and personal information.
  • TechCares will handle personal information in accordance with the Privacy Act 1988 (Cth) and applicable privacy principles.

9. Dispute Resolution

  • Any disputes must first be raised in writing and both parties agree to attempt good faith negotiation.
  • If unresolved, disputes may be escalated to mediation prior to legal proceedings.

10. General Provisions

  • TechCares may update these Terms with reasonable notice.
  • If any provision is found to be invalid or unenforceable, the remaining provisions will remain in effect.
  • This agreement is governed by the laws of Victoria, Australia.