Terms & Conditions

1. Acceptance of Terms

By booking, scheduling, or using any services provided by SmeadIT ("we", "us", or "our"), you ("client" or "you") agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

These terms constitute a legally binding agreement between you and SmeadIT for all services including but not limited to: individual tech support, elderly tech support, business IT services, web development, remote support, and subscription plans.

2. Data Collection Acknowledgment

By using our services, you explicitly acknowledge and agree that:

• We collect and store your personal details including name, email, phone number, and service address to facilitate service delivery and improve your customer experience
• We collect booking information including service type, dates, preferences, and service history to help us serve you better on future visits and remember your specific needs
• We store technical information about your devices and issues to maintain service records and provide continuity of care
• This data is used solely for service delivery, customer support, and improving our services
• We will NEVER collect or store your payment card details, account passwords, banking credentials, or any sensitive financial information
• You can request access to, correction of, or deletion of your personal data at any time

By proceeding with booking or using our services, you consent to this data collection and use as described in these terms and our Privacy Policy (Section 10).

3. Service Agreement

3.1 Booking and Scheduling

When you book a service with SmeadIT, you are entering into a service agreement. All bookings are subject to availability and confirmation by our team. We will make reasonable efforts to contact you within 2 business hours to confirm your appointment.

3.2 Service Scope

Services will be provided as described in your booking confirmation. Any changes to the scope of work must be agreed upon in writing or verbally confirmed by both parties before proceeding. Additional charges may apply for work outside the original scope.

3.3 Service Completion

We will make every reasonable effort to complete services within estimated timeframes. However, certain technical issues may require additional time or parts. You will be notified of any significant delays or changes to the expected completion time.

4. Right to Refuse Service

SmeadIT reserves the absolute right to refuse service to any client, at any time, for any reason.

Without limiting the generality of the foregoing, we may refuse service in the following circumstances:

• Abusive, threatening, or disrespectful behavior toward our staff or technicians
• Requests to perform illegal activities or services that violate applicable laws
• Equipment or systems containing illegal content or used for illegal purposes
• Unsafe working conditions or environments that pose a risk to our technicians
• Failure to pay for previous services or outstanding balances
• Providing false or misleading information
• Requesting services outside our areas of expertise or capability
• Non-compliance with these Terms and Conditions

If we refuse service, any deposits or prepayments made will be refunded in full within 7 business days, less any costs already incurred for parts or services already performed.

5. Pricing and Payment

5.1 Pricing

All prices are quoted in Australian Dollars (AUD) and include GST unless otherwise stated. Prices are subject to change without notice, but confirmed quotes will be honored for 30 days from the date of quotation.

5.2 Payment Terms

Payment is due upon completion of services unless alternative arrangements have been made in writing. We accept cash, bank transfer, and major credit cards. For subscription services, payment is due monthly in advance via the agreed payment method.

5.3 Late Payment

Overdue accounts may incur late fees of 2% per month on the outstanding balance. We reserve the right to suspend services for accounts with overdue balances exceeding 14 days.

5.4 Estimates

All pricing estimates are provided in good faith based on the information available at the time. Final charges may vary depending on actual time spent, parts required, and complexity of the work. You will be notified if charges are expected to exceed the estimate by more than 20%.

6. Cancellation and Rescheduling

6.1 Client Cancellations

You may cancel or reschedule appointments with at least 24 hours notice without penalty. Cancellations with less than 24 hours notice may incur a cancellation fee of $50. No-shows will be charged the full call-out fee.

6.2 SmeadIT Cancellations

In rare circumstances, we may need to cancel or reschedule your appointment due to emergencies, illness, or unforeseen circumstances. We will provide as much notice as possible and work with you to reschedule at the earliest convenient time.

7. Warranties and Guarantees

7.1 Service Warranty

We guarantee our workmanship for 30 days from the date of service. If the same issue recurs within this period due to our work, we will rectify it at no additional charge. This warranty does not cover new or unrelated issues, user error, or damage caused after our service.

7.2 Parts Warranty

Parts supplied by SmeadIT carry manufacturer's warranties. We will assist with warranty claims but are not responsible for manufacturer defects or warranty fulfillment beyond our control.

7.3 No Guarantee of Results

While we strive to resolve all technical issues, we cannot guarantee specific results or that all problems can be fixed. Some issues may be hardware-related and require replacement rather than repair. Data recovery is not guaranteed, and we recommend regular backups.

8. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claim arising from our services shall not exceed the amount paid by you for the specific service giving rise to the claim
• We are not liable for any indirect, consequential, special, incidental, or punitive damages including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, business interruption, loss of goodwill, or any other commercial damages or losses
• Data Loss and Backup: We are not responsible for data loss under any circumstances. You are solely responsible for maintaining current backups of all your data. We strongly recommend backing up all data before any service work begins. We cannot recover lost data and accept no liability for data that is lost, corrupted, or becomes inaccessible during or after service
• We are not liable for any damage to equipment, software, or systems caused by pre-existing conditions, age-related failures, manufacturing defects, viruses, malware, or circumstances beyond our reasonable control
• Third-Party Products and Services: We are not responsible for failures, defects, or issues with third-party hardware, software, services, or internet/network providers. Any warranties or guarantees for third-party products remain solely with the manufacturer or provider
• Existing Issues: We are not liable for problems, issues, or defects that existed prior to our service work, even if they were not apparent or disclosed at the time of service
• Software and Compatibility: We are not responsible for software compatibility issues, operating system updates, software bugs, or third-party application failures
• Remote Services: For remote support services, we are not liable for issues arising from internet connectivity problems, power failures, or client equipment failures during remote sessions
• We maintain professional indemnity insurance, and any claims must be made within the coverage period. All claims must be submitted in writing within 90 days of the service date

8.1 Force Majeure

SmeadIT shall not be liable for any failure or delay in performing services due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, public health emergencies, government restrictions, power outages, internet or telecommunications failures, labor disputes, or supply chain disruptions.

8.2 Indemnification

You agree to indemnify and hold harmless SmeadIT, its employees, contractors, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms and Conditions
• Your use of our services in violation of any law or regulation
• Any content, data, or material you provide that infringes third-party rights
• Your negligence or willful misconduct
• False or misleading information provided to us

9. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information about the issues you are experiencing
• Backup your data before any service work begins - This is critical and non-negotiable
• Disclose any previous repair attempts, known issues, or damage to equipment
• Inform us of any warranty status or insurance coverage on equipment
• Provide safe access to equipment and work areas
• Remove all personal and confidential files from equipment where practical
• Provide necessary passwords and access credentials for the work to be performed
• Be present or arrange for authorized representation during service visits
• Ensure you have the legal right to authorize work on the equipment
• Notify us immediately if equipment is lost, stolen, or involved in any insurance claim
• Treat our technicians with respect and professionalism
• Pay for services as agreed upon
• Verify that all your important data is backed up and accessible before approving any service

9.1 Equipment in Our Possession

If you leave equipment with us for service:

• Equipment must be collected within 14 days of notification that work is complete
• Storage fees of $10 per day may apply after 14 days
• Equipment not collected within 90 days may be disposed of to recover storage costs
• You remain responsible for payment even if you do not collect the equipment
• We are not responsible for data on equipment left in our possession beyond reasonable service periods

10. Privacy and Data Protection

10.1 Information We Collect

When you book or use our services, we collect and store the following information to provide better service and improve your experience:

• Contact Details: Name, email address, phone number, and service address
• Booking Information: Service type, appointment dates and times, service history, and preferences
• Technical Information: Device details, operating systems, issue descriptions, and service notes
• Communication Records: Support tickets, email correspondence, and service feedback

This information helps us provide personalized service, remember your preferences for future bookings, and assist you more efficiently when you return. We use this data solely for service delivery, communication, and improving our customer experience.

10.2 Information We DO NOT Collect or Store

For your security and privacy, we explicitly DO NOT collect, request, or store:

• Payment Card Details: Credit card numbers, CVV codes, or banking credentials
• Account Passwords: Passwords for your personal accounts, email, or online services
• Financial Information: Bank account details or financial records (except invoicing records)
• Sensitive Personal Data: Medical records, biometric data, or other highly sensitive information

While technicians may temporarily need device passwords during service appointments, these are never recorded or stored in our systems. You should change any passwords shared with technicians after service completion.

10.3 Data Access During Service

Our technicians may need to access your device and data to perform services. We will only access data necessary to complete the requested work. We maintain strict confidentiality and will not disclose, copy, or use your personal information for any purpose other than providing the requested services.

10.4 Data Security and Retention

We take reasonable precautions to protect your data, but we cannot guarantee absolute security. You are responsible for backing up your data before service work begins. We retain client information for as long as necessary to provide services and comply with legal obligations. You may request deletion of your personal information at any time, subject to legal retention requirements.

10.5 Third-Party Sharing

We do not sell, rent, or share your personal information with third parties for marketing purposes. Information will only be shared with third parties when:

• Required by law or legal process
• Necessary for service providers who assist in delivering our services (under strict confidentiality)
• You provide explicit consent for a specific purpose

10.6 Your Privacy Rights

You have the right to access, correct, or request deletion of your personal information. Contact us at support@smeadit.com.au for privacy-related inquiries or to exercise your rights under applicable privacy laws.

11. Intellectual Property

11.1 Web Development

For web development services, ownership of code and designs transfers to you upon full payment, unless otherwise agreed in writing. We retain the right to use generic code, frameworks, and components in future projects.

11.2 Third-Party Software

We may recommend or install third-party software. You are responsible for obtaining appropriate licenses and complying with third-party terms and conditions.

12. Termination

Either party may terminate ongoing services or subscription agreements with 30 days written notice. We may terminate services immediately if you breach these terms. Upon termination, you remain responsible for payment of all services rendered up to the termination date.

13. Dispute Resolution

In the event of any dispute arising from our services, we encourage you to contact us first to resolve the matter amicably. If a resolution cannot be reached, both parties agree to attempt mediation before pursuing legal action.

14. Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or other applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.

15. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified terms. The most current version will always be available on our website.

16. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. Any legal proceedings must be brought in the courts of New South Wales.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us: