The Terms and Conditions outlined on this webpage are for Customers who wish to use Our Services and/or purchase Goods.
Australian Consumer Laws still apply within these Terms and Conditions. If You do not understand Your rights, please do not accept these Terms and Conditions until You have sought legal advice.
The end of the webpage will have a form for you to fill out to accept Our Terms and Conditions.
If you are having trouble with the webpage for any reason, please inform Us of the issues as We shall provide a form via another method.
Business Customers and Data Recovery Customers have extra Terms and Conditions on this webpage that you will need to agree to for CPKN Computers to provide you Our Goods and Services.
View Our Privacy Policy.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions have been Reviewed on: 24/10/24 | Amended on: 12/10/24
These terms govern the provision of any computer/phone/electronic device/network or any Information Communications Technology related goods (“Goods”) and services (“Services”) provided by CPKN Computers to (“You” or “Customer” or “Client”)
CPKN Computers provides You with access to and use of the Services subject to Your compliance with the Terms and Conditions and Australian Consumer Law. CPKN Computers reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that You are at least 18 years old; You have the right, capacity and authorization necessary to legally bind Yourself to the Terms. These Terms are valid for each Service until an Amendment or Termination.
Termination of this Agreement can be done anytime at CPKN Computers discretion. You may terminate the Terms at any time in writing to [email protected] or PO Box 4206, Ainslie, ACT, 2602, but does not void any invoiced amount owing for any goods or services rendered unless the circumstance is covered by Australian Consumer Law and the Consumer Guarantee.
(a) Section – used for clauses/reference points throughout the Document. Eg: “Section (1)(a)” equals[=] “1. Amendments, part A”.
(b) You, Your, Customer or Client – means individual, business or other representing entity requesting Goods and/or Services from Us.
(c) We, Our or Us – means CPKN Computers (ABN: 72 930 048 407).
(d) Services – means the services We provide to You as described via Our website and in these Terms, including On-Site and Remote Services.
(e) Goods – means all products and other goods [including Hardware and Software] supplied by Us to You or You to Us.
(f) Website – means cpkncomputers.com.au and/or any sub-domains – *.cpkncomputers.com.au (* = placeholder for a name. Eg: support.cpkncomputers.com.au)
(g) Abandon, Abandonment or Abandoning – means Client provided equipment and/or goods are left with CPKN Computers, with the clear intention of never coming back for it, via things like evidence and/or acknowledgement of not wanting it back.
(h) Partner or Contractor – means 3rd party Individuals or Business Entities that work with and/or contract with CPKN Computers. E.g – Electrician, Internet Service Provider, Specialist Data Recovery Business.
(a) Amendments can happen at anytime for any reason. You will be notified via email about changes being made.
(b) You will have a seven [7] day period to review and decline the Terms and Conditions.
(c) After seven [7] days, if you have not declined the Amended Terms and Conditions, then You automatically accept the Terms and Conditions and will be covered by them from the next Service You receive by CPKN Computers or Our Partners and/or Contractors. If You missed the notification, such as being in junk/spam, or if We review that You may not be covered by these Terms and Conditions, We will not commence work until You have accepted the amended Terms.
(d) If Australian Consumer Laws change and/or if Law Authorities add urgent laws/rules such as Health Orders, Amendments will be applied immediately on the date these changes officially apply. You will be notified to allow You to decline.
(e) For Customers with recurring bills, such as from a Managed Service, amendments change at the next billing cycle unless Section (1)(d) occurs. Any changes to fees/charges, we will notify you up to seven [7] days before the next billing cycle to allow you the opportunity to cancel your recurring bill if you do not agree.
(f) If you do not wish to accept the terms, please email us at [email protected] or via mail to PO Box 4206, Ainslie, ACT, 2602 that you do not accept – All Data and Information held by us follows Section (10) of Our Privacy Policy.
(a) You acknowledge that by Your use of the Services You are authorizing CPKN Computers to access and control Your computer, phone or any Information, Communications Technology related items CPKN Computers supports for the purposes of diagnosis, Service and repair.
(b) In connection with delivering the Services, CPKN Computers may download and use software, gather system data, take control of Your devices and access or modify Your devices and settings. By accepting these terms, You hereby grant CPKN Computers the right to connect to Your devices, download, install and use software on Your devices to gather system data, repair Your devices, take control of Your devices and change the settings on Your devices while performing the services.
(c) IMPORTANT NOTICE FOR POTENTIAL DATA LOSS: Dealing with Technology that has data stored is an important factor to consider before having any assessment or work done. Issues with Your Technology has the potential to cause partial or complete data loss, Hardware Replacement may mean your data is not attached to the new Hardware and may not be able to be re-attached to new Hardware or Your system may be required to be factory reset which normally wipes all data.
It is important and Your responsibility to backup Your data/system before CPKN Computers commences work. Please review Section (8) of these Terms and Conditions regarding backups and potential data loss.
(a) Any Estimate given by CPKN Computers is given as a guide based on limited information provided by You and what an assessment can provide. An Estimate is intended to give You an “educated guess” on price and not an assurance that the Goods or Service will be sold at that price.
Example: Liquid was spilt on a laptop. An assessment shows corrosion on the insides. An estimate of cleaning the corrosion can be made, however, during the clean, it is found that the liquid has done more damage than initially estimated. This is where costs to repair can be higher than the estimate as it may require more Goods and Services.
(b) Estimates are valid for only seven [7] days but may change with new/updated information. Once work commences, after a technician has evaluated the technology, should it appear that the cost of the Service and/or Goods is more than estimated, work will not commence without client approval.
(c) Once an assessment is done and a solution is found, should You deny CPKN Computers to proceed with any work after an assessment, a Assessment Fee may apply on technician’s discretion of one [1] hour of the hourly rate as stated on the Pricing Webpage of cpkncomputers.com.au and/or by discussions with the technician.
(d) If no solution/s can be given to help you with your issue/s, our “No Fix, No Fee” policy applies.
Our No Fix, No Fee Policy means that You will not be charged anything for Our time for assessment of the issue/s, nor any other potential fees or charges to do the assessment or work.
(e) All Services goes through initial evaluation/assessment, including but not limited to taking evidence, such as in the form of photos and videos, regardless of how much information is provided by You and how accurate.
(a) CPKN Computers provides fixed quotes for Custom PC building via parts and software, build, installing of operating system and software, testing and optimisation. Your wants/needs based on information provided by You is covered under this fixed cost. We may provide more than one version and/or options for upgrade or addition, where the new quote will reflect on Your decisions.
(b) For builds from Goods You purchase:
(i) CPKN Computers does not provide advice about compatibility and/or suitability of said Goods. You are solely responsible for making sure all Goods are compatible, suitable and of good, working condition.
(ii) CPKN Computers is deemed responsible of issues if negligence of CPKN Computers occurred. We inspect and take media evidence via photo and/or video of Goods received. You agree and understand that imperfections and common wear and tear can occur while handling goods. While we take due care in handling Your Goods, You will not hold CPKN Computers responsible for the imperfections to the extent damages do not match/exceed reasonable imperfections and common wear and tear.
(iii) Dead On Arrival [DOA] Goods are Your sole responsibility. You must provide Your own remedy or if available/applicable, We may be able to remedy via purchasing a replacement on Your behalf if You accept to cover any costs to CPKN Computers to provide such remedy.
(iv) Any Goods missing to successfully complete the build, You must either provide the missing Goods or We can provide it for an extra cost.
(c) You will inspect and if good, accept the purchase is in good condition.
(d) Under Australian Consumer Law, We must provide a remedy to any issues arising from your Custom PC. Depending on if it is minor or major, we are obligated to provide the appropriate remedy for the circumstance – repair, replace or refund. An assessment is to be carried out to determine the appropriate action.
(e) Subject to Australian Consumer Law, the full build may not be fully covered for replacement or refund, instead the goods that are faulty may only be subject to the replacement/refund options.
(f) Subject to Australian Consumer Law, CPKN Computers may have a circumstance where We are unable to assess the cause of the fault and may require the Goods suspected of fault to be returned to Our supplier or in certain circumstances, directly to the manufacturer for assessment.
(g) Subject to Australian Consumer Law, while You are entitled to receive the appropriate remedy where You may refuse to wait for the assessment from one of the mentioned parties, if a replacement or refund occurs as the remedy by Us, and the assessment of the Goods show that it was at the fault of You, CPKN Computers may be entitled to compensation by You where we may request You to pay for the cost of the Goods and any other costs associated, including Our time spent dealing with the Goods.
(h) Under Australian Consumer Law, no Refund for Change of Mind for purchases after order processing.
(i) Full payment is due upon accepting builds, unless otherwise specified by Us or these Terms.
(j) Acceptance of purchase return with no fault is purely at CPKN Computers discretion.
(k) Prices are fixed at time of sale and will remain unchanged regardless of the market price fluctuation after sale.
(l) In the event of stock unavailability, if You have chosen to purchase and wait for stock, the prices are fixed at the time of sale. If there is a similar part available, any extra costs it may have will need to be paid and/or any savings will be refunded/not charged in the invoice.
(m) Customers must arrange delivery of all orders within two months of invoice date.
(a) CPKN Computers may check over hardware/software during Services at no extra cost to evaluate the state of hardware/software unless You requested the Service, therefore, fees may apply. If additional potential/existing issues are present unrelated to the original Service/issues, the technician will notify You. These existing or potential issues may be repaired immediately with current work for the additional cost to do the Service or if applicable, be arranged to be resolved at a later agreed date (subject to Goods availability).
(b) If You deny CPKN Computers to deal with those new found issues, CPKN Computers cannot be held liable to those issues after the original Services have been rendered unless those new issues were at the fault of CPKN Computers.
(c) You acknowledge that there is no guarantee that all issues will be identified. While we use Our best efforts to identify issues with Your software and hardware [including where We provide access to an “alerts and monitoring” system as part of Your Managed Service], given the nature of technology, You acknowledge that We do not guarantee that all problems or security threats will be identified.
(d) Final solutions may differ from initial diagnosis [as computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed], our final proposed solution may be different from the initial diagnosis.
(a) For Our Services, a person of at least 18 years of age must be present during the entire period Services are provided. If no adult is present when Our technician arrives, Services will be denied and a cancellation fee equal to 1 hours worth will be applied. [See Pricing]
(b) For Services On-Site or Return to Base, a 1 hour minimum duration applies and further charges will be at fifteen [15] minute blocks.
(c) While many issues can be resolved within the first hour, in the event it may take longer, You will be notified of this extension where You will be provided options so You can decide how You want to proceed. Extended time can usually be known within the first fifteen [15] to thirty [30] minutes.
(d) You must provide Our technicians who provide On-Site Services with:
(i) Access to the areas of Your premises necessary to provide Services.
(ii) Access to Your devices and equipment;
(iii) A safe working environment and working space; and electrical power and internet access (where applicable/required).
(e) You agree, cancellation or change of Appointment within 4 hours of Appointment time may incur the cancellation fee mentioned in (4)(a).
(f) The cancellation fee will be credited to Your Account. If You request a Service from Us again, the fee will be subtracted from the final invoice as a discount (Valid for 1 Year).
(g) You must ensure backup of Your Data is done before commencement of Our Services as stated in Section (2)(c) and Section (8) of these terms.
(h) You have legitimate copies of all software as well as all installation disks/media and product keys ready to use before commencement.
(i) During On-Site and Return to Base Services, You agree and understand that imperfections and common wear and tear can occur while handling Your Technology. While we take due care in handling Your Technology, You will not hold CPKN Computers responsible/liable for the imperfections to the extent damages do not match/exceed reasonable imperfections and common wear and tear.
(a) For Our Services, a person of at least eighteen[18] years of age must be present during the entire period Services are provided. If no adult is present when Our technician arrives, Services will be denied and a cancellation fee equal to 1 hours worth will be applied. [See Pricing]
(b) For Services using Remote Software, a 1 hour minimum duration applies and further charges will be at fifteen [15] minute blocks.
(c) While many issues can be resolved within the first hour, in the event it may take longer, You will be notified of this extension where You will be provided options so You can decide how You want to proceed. Extended time can usually be known within the first fifteen [15] to thirty [30] minutes.
(d) In some circumstances, a Remote Support Session may require to transition to a On-Site/Return to Base Service to allow Us to complete Our Services. In this instance, Our hourly charge will continue in fifteen minute blocks based on Our On-Site hourly rate under Our Pricing webpage For Home and For Business respectively.
(e) Subject to Australian Consumer Laws, if remote connection is disrupted forcibly by You, without good reason, You will still be invoiced for the time spent. We will confirm with You on the reasons why.
(f) If remote connection is disrupted from uncontrollable circumstances, such as Internet Service disruptions or unstable network connection at Your premises, We may suggest an On-Site visit or reschedule a Remote Session. If You did not wish to proceed with On-Site Support or reschedule, You will be invoiced for only the time spent working Remotely up until that disruption.
(g) The fees mentioned in (a) will be credited to Your Account. If You request a Service from Us again, the fee will be subtracted from the final invoice as a discount (Valid for one[1] Year).
(h) You must ensure backup of Your Data is done before commencement of Our Services as stated in Section (2)(c) and Section (8) of these terms.
(i) You have legitimate copies of all software as well as all installation disks/media and product keys ready to use before commencement.
(j) Unattended Access with Remote Software is available as a Stand-alone at a per device per month cost of $5.
(k) Unattended Access is covered under Our Managed Services to provide Services without the need of someone present, not requiring you to follow Section (5)(a) unless You deny/revoke the Unattended Session, then an invoice for time spent will be assessed.
(a) We provide Home users extra support via Our Home Managed Services.
(b) Term: When You sign up to Our Home Managed Services, it is a recurring bill, also known as a subscription. The subscription commences on the day of sign up and is a Monthly cost.
You pay a per month fee via your nominated card.
(c) You must be at least 18 years of age, located in and/or around the Canberra Region (up to 70km radius), and either be the owner or an authorised person on behalf of the owner to subscribe for Managed Services.
(d) Your Subscription automatically renews on the same date each month. Auto-renewal ensures You remain covered by the benefits of the Subscription.
(i) If you wish to cancel the auto-renew, you must provide us notice up to 7 days before renewal via email or call.
(ii) We strive to have You reminded of the renewal up to 5 days before the renewal date, via email. Please ensure You keep Your email up to date with us.
(e) Your subscription covers the following:
HOME: $20 per user per month
(f) Term: When you sign up to one [1] of Our tiers to Our Business Management Service (BMS), it is a recurring bill, also known as a subscription. The subscription commences on the day of sign up and is a Monthly cost.
You pay a per month fee via your nominated card.
(g) You must be at least 18 years of age, located in and/or around the Canberra Region (up to 70km radius), have a valid ABN/ACN and either be the owner or an authorised person on behalf of the owner of the business to subscribe for Managed Services.
(h) Your Subscription automatically renews on the same date each month. Auto-renewal ensures You remain covered by the benefits of the Subscription.
(i) If You wish to cancel the auto-renew/subscription, You must provide us notice up to 7 days before renewal via email or call. You are not locked into a contract.
(ii) We strive to have You reminded of the renewal up to 5 days before the renewal date, via email. Please ensure You keep Your email up to date with us.
(i) Your subscription covers the following:
SOLO: $69 per user per month
TEAM: $130 per user per month
MANAGED: $190 per user per month
Your Subscription excludes the following:
Remote Exclusions:
All other Devices and Services not mentioned in these terms is subject to Remote Support or On-Site/Return to Base Support coverage.
(a) CPKN Computers On-Site/Return to Base Services do not include:
(i) Fixing bugs inherent and ingrained in certain types of software.
(ii) Instances where compatibility and/or suitability of the system to the Software is in question.
(iii) Instances where the system configuration is invalid or not supported by the manufacturer of the device/application.
(iv) Scripting, Programming, Database Design.
(v) Situations where the manufacturer of the application or technology is unable to, or has not yet, provided a solution to a problem.
(b) Including above, CPKN Computers does not provide Services with Remote Support for the following tasks:
(i) Storage Drive formatting/reformatting or Operating System Installation.
(ii) Virus, Malware, Spyware, Ransomware removal.
(iii) Networking Services such as configuring Port Forwarding, Network Equipment Installation, Troubleshoot Internet Issues, Network Issues that can hinder Remote Access.
(a) While CPKN Computers will make all reasonable efforts to safeguard the contents [data] stored on Your storage devices/devices with storage, You understand and agree that prior to contacting or allowing CPKN Computers to perform diagnostic, repair, or other services on Your technology/systems, it is Your responsibility to back-up the data, software, information or other files stored on Your devices disks and/or storage mediums if You so desire, in case of potential data loss [See Section (8)(d)].
(b) If You do not have a backup of Your data/system, did not create one or do not know how, we can provide You with our data backup services at an additional cost. However, we cannot guarantee the integrity of the data when backing up.
(c) If You choose not to back up Your data/system, do not follow any standard backup methods, do not follow Our recommendations or instructions, and/or decline CPKN Computers Backup Services, then You will not hold CPKN Computers liable for any loss of data or loss of income if you change Your mind during or after the Service.
(d) While every step is taken to ensure Data Backup/Transfer/Cloning of Data and/or Operating System is done safely and properly, You accept that corruption, viruses, malware and/or hardware malfunction can cause issues and/or data loss before, during and/or after completion of the Service. Operating System Cloning to a new Storage Drive, example: from Hard Disk Drive [HDD] to Solid State Drive [SSD], can come with error and or instability, especially if the HDD has underlining issues, such as hardware issues, due to its sensitive nature. It is important to save personal data as a backup regularly for this reason, in case the operating system and its applications require a reinstall or has issues that can compromise or create loss of data.
(e) You acknowledge and agree that CPKN Computers and/or its third-party Service Providers/Partners/Contractors shall not be responsible/liable for any loss, alteration, or corruption of any software, data or files, unless it falls under the negligence of CPKN Computers, Service Providers, Partners, Contractors, breaking the Consumer Law of Due Care and Skill. You further acknowledge that operating systems, programs and applications are susceptible to software bugs, viruses, malfunctions, defects, impairments, mistakes, errors and or flaws causing the operating system to produce an incorrect or unexpected result or to behave in unexpected ways. CPKN Computers, its Partners, Service Providers and Contractors should be released from any such liabilities except to the extent that such flaws/issues are caused by Our own negligence while performing the Services under this Agreement, subject to Australian Consumer Laws.
(f) CPKN Computers provides Business Continuity options for Your Business based on wants and needs. If you partially request/use Our recommendation or deny it, You will not hold us liable as mentioned in Section (8)(c).
(Partner Recovery Points 13-15)
No Fix, No Fee Policy, Non-refundable Attempt Fee and Refund Policy.
This is all Information you should know and understand. Please contact us if you have any questions, we would be happy to explain further.
We see different problems with hard drives, [8 problem types include logical problems, file system problems, bad sectors/read errors, damaged PCB, firmware problems or deleted files/reformatted] if we or our partners cannot recover your data, you will be given a full refund. 99% of the time, if we spend the time to do the work and have no unexpected problems, the data is usually recoverable. If not, we will refund your money.
But If your hard drive has physical damages inside and/or out, CPKN Computers cannot provide Recovery by a standard means and our Partner Team may need to be involved, who may utilise their class-100 clean room team. Their elite team of highly skilled, professionally trained, expert clean room engineers at their main lab will work on your hard drive.
If there is no damage to the platters, there is usually a 97-99% chance of getting your data back!
If there is damage to the platters, there is usually a much lower chance of success [and it is possible no data at all may be recoverable, or only a partial recovery].
Sometimes the damage is easily visible, sometimes it’s not possible to see it at all but there is damage. In these cases, they will will inform us that clean room work is required. We will seek your permission to continue their work and inform you that $500 or more of any amount you pay us is not refundable to cover the time, efforts, labour and any spare parts if required.
No discounts or offers can be used for this $500 amount (or more). If they cannot recover your data, there is no extra money due.
The amount you agreed to will remain the same but if for any reason if the data cannot be recovered [usually due to damage to platters being too severe, or damage to platters repeatedly killing their spare parts and not responding successfully to their repair attempts], we will keep the $500 [or any other non-refundable amount] you pay us to cover the cost of the time, labour, efforts and expertise to try to do everything possible to help get your data back.
Nobody will try harder than us and our partners to help you, your best chance of success is with us and them, we know what to do, how to do it and are the best equipped to give you the maximum chance of getting your data back, especially if Our partner class-100 clean room team is needed.
As mentioned, if the clean room is required, we will ask for your permission before they start this type of invasive, most complex data recovery work.
Our Data Recovery Services are not being offered as a forensic service, our business and staff do not wish to be involved in litigation, court cases or legal matters for our own privacy, protection and preference of the kind of work we wish to do. If you request a report, chain of custody document or other formal documents, these will be refused. If we are requested to attend court in future due to any work we do for you, you will be charged $600AUD per hour for our time, for any time at all regarding reviewing documents, preparing documents or time in person to meet with you, lawyers or in court.
This Doubles if our Partners need to be involved, who also have the same stance as us.
If you provide us with a device to recover the data from us but cannot provide the password, PIN/passcode or encryption key to unlock it, preventing data recovery completion – we seek full payment for our Services regardless.
CPKN Computers or our Partners will not be held liable for the repair or replacement of any Apple computer or mobile device [including iPhone, iPad, Android Phones and tablets], Microsoft Surface computer, or for any device where access through the screen is required, including if there is damage to the screen, cracks and/or visible damage caused by our staff or Partner staff opening the device or doing any work to it.
If you are wishing to use the Device again, if applicable, we may be able replace screens and any other parts for an additional fee. These device types are not made to easily be disassembled, so you understand the risk accessing the contents inside through these types of components can be damaging. Our main priority is Data Recovery over getting the device to work again. If you wish to attempt to have the device work again and do not want to risk damages, then we will likely refuse work if expectations are to recover without risk of damage to these types of devices.
(a) CPKN Computers may need to download and/or run software on Your devices to help diagnose and resolve Your technology problems. CPKN Computers may need to reinstall software that was included as part of Your devices original configuration, this may include Drivers.
(b) You agree that We may download and utilize Software from third party web sites or CDs and accept any applicable license agreements on Your behalf. You acknowledge and agree that We may download and install trial versions of Software that will expire and cease to function after a certain period of time [usually thirty days] unless You purchase a license to continue using such Software.
(c) You are aware that Hardware Drivers can and may have issues, such as compatibility issues with System and Software. CPKN Computers ensures We install the appropriate drivers, whether it is the latest or an older version, to provide a solution as needed, however, we cannot guarantee the integrity of new or old drivers, or that it is a working solution, therefore You can only hold us liable to the extent that it breaks Australian Consumer Law to do such installs.
(d) Manufacturers of Motherboards (Logic-boards – the body that holds and connects components inside the Computer) do not recommend installing updates of the BIOS (Basic Input/Output System – the program a computer’s microprocessor uses to start the computer system after it is powered on.), unless there is an issue serious enough that may be resolved by updating the BIOS.
The BIOS is very sensitive and critical to run the Computer. Due to its sensitivity, if something fails or goes wrong, it can break your motherboard [commonly known as bricking], rendering it unusable.
This is why CPKN Computers takes every step to find a solution that may avoid doing such a critical update.
(e) Subject to Australian Consumer Laws, due to the risks for a BIOS update, CPKN Computers will not provide BIOS Updates unless a legal agreement can be legally made that waivers any liability to CPKN Computers and remove any compensation by CPKN Computers, even via Australian Consumer Laws and the Consumer Guarantee other than such to a degree where the BIOS update failed due to gross negligence by CPKN Computers.
(f) You will accept all risks if You decide to attempt the BIOS update Yourself, as We would not recommend/advise doing it Yourself. We will not instruct or guide You on how to do it to avoid liability and indemnity.
(a) CPKN Computers can provide Services and Goods for upgrades/replacements of Goods like Computer Parts. We can provide software and/or software licenses [where available/applicable].
If the upgrade/replacement/software is recommended and/or purchased by You and You would like CPKN Computers to provide Services, it is Your responsibility to ensure that the Goods are compatible/suitable.
(b) CPKN Computers will not offer suggestions and/or advice on upgrades/replacements/recommendations on hardware/software for the purposes of self-installing/self-purchasing, other than to the extent where suggestions/recommendations are generalized enough to not cause problems that may break Australian Consumer Laws.
Example: Advising to buy a laptop with a minimum 16GB of RAM and an Intel Core i5.
By allowing CPKN Computers to assess, purchase and install, provides Us with more flexibility in dealing with things like compatibility issues.
Subject to Australian Consumer Law, CPKN Computers offers the following warranty periods:
(a) Seven [7] day Service Warranty – If the same problem re-occurs within seven [7] days of the original repair (stated on the invoice), CPKN Computers will only charge for any additional parts that may be required that were unforeseen during the first Service. Excludes faults caused by software, virus and end user errors, at Technicians discretion.
Hardware Installation & Repair are covered unless unforeseen circumstances occur such as further hardware damage and/or failure not caused by the technicians Services.
(b) Subject to Australian Consumer Law and the Consumer Guarantee, CPKN Computers does not provide any extra Warranty on Goods that already carry their own Warranties [Manufacturers Warranties]. We provide easy claiming of issues arising with Your Goods by providing Our Return-to-Base Warranty Care Service.
(i) Software commonly does not carry any warranties or has limited warranties, and will be subject to Australian Consumer Laws.
(ii) Subject to Australian Consumer Law, CPKN Computers may have a circumstance where We are unable to assess the cause of the fault and may require the Goods suspected of fault to be returned to Our supplier or in certain circumstances, directly to the manufacturer for assessment.
(iii) Subject to Australian Consumer Law, while You are entitled to receive the appropriate remedy where You may refuse to wait for the assessment from one of the mentioned parties in (b)(i), if a replacement or refund occurs as the remedy by Us, and the assessment of the Goods show that it was at the fault of You, CPKN Computers may be entitled to compensation by You where we may request You to pay for the cost of the Goods and any other costs associated, including Our time spent dealing with the Goods.
(c) Under Australian Consumer Law, no Refund for Change of Mind for purchases after order processing.
(d) Second Hand and Refurbished Warranty – Subject to Australian Consumer Law and the Consumer Guarantee, CPKN Computers does not provide any extra Warranty on Goods that already carry their own Warranties and consumer guarantees on second hand/refurbished Goods. We provide easy claiming of issues arising with Your Goods by providing Our Return-to-Base Warranty Care Service.
Equipment is only covered for faulty workmanship on parts, and for parts that fail due to manufacturing defects recognized by the component manufacturer. In the event that the Warranty parts are not available the client will be informed of the delay and the revised expected repair time. Warranty repairs are carried out under the terms of the manufacturer warranty conditions. Warranty parts are supplied by the equipment manufacturer.
(e) If a warranty repair is found to be outside of the manufacturers warranty terms, it will be deemed as a “Non Warranty Repair” and charges will be applicable.
(a) Whilst every effort is made to repair within a few days, it is subject to parts availability. All parts used on Non Warranty repairs are manufacturer supplied unless otherwise requested or unable, therefore you will be notified and asked to accept 3rd party parts.
(a) Warranty does not include accidental damage. e.g. liquid damage (90% of keyboard faults are due to liquid spillage), cabinet or component breakage due to misuse. Damage caused by power surges or spikes, including and not limited to, mains power and telecommunications connections, or to other unspecified sources, voltage fluctuation, amperage fluctuation, rust or corrosion, are not covered under warranty.
(b) Warranties do not cover loss or damage due to negligence, accidents, theft, flood, fire, earthquakes, electrical storms or any other act of God or any war related events.
(c) The warranty on any hardware can be voided if any sticker placed on the warrantable equipment is removed, broken or tampered with, as it makes it harder to determine the cause.
It is important to document reasons why you broke the seal. If CPKN Computers must break a seal, we check Warranty Status and give options and document everything if we do work on sealed components.
(d) Warranty does not cover failure of equipment due to the system not being serviced adequately, or failure from “fair wear and tear”.
(e) Warranty does not cover repairs for the replacement of parts due to incompatibility. The warranty holder will be liable to pay for these repairs.
(a) Upon completion of Services and/or providing Goods, CPKN Computers will remit to You a valid tax invoice.
(i) Before, during or after Services, you may require or optionally provide a deposit. Some Services require full payment before commencing. Some Services require a deposit at an agreed percentage[%].
(ii) After Services, you may request a payment plan to pay off the invoice – an agreed amount may need to be paid up front and payment at intervals will be calculated by CPKN Computers, to be paid at a timely matter set out by CPKN Computers.
(iii) Our Payment Methods available include:
We also provide an Online Portal to View and Pay invoices. The portal allows for PayPal and Card Payments.
(b) All remaining amounts set out in the valid tax invoice must be paid immediately or within the agreed amount of time (normally 7 days) including as stated in Section (13)(a)(i) and (c).
(c) You agree to pay the amount set out in the tax invoice plus any Goods and Services tax in respect of the supply of Services to You, being a taxable supply under the A New Tax System (Goods and Services Tax) Act 1999.
(d) Any Fixed Price quoted covers the completion of the Services. Any additional parts/Services required will be added to the fixed amount but will be confirmed by You before commencement, therefore, the new Fixed Price is to be paid as stated in Section (10)(a),(a)(i), (b) and (c). If You disagree to added parts/Services mentioned, CPKN Computers are not responsible for further issues that may occur – details under Diagnostics Section (3.2).
(e) If any amount due and payable under the terms hereof remains unpaid 7 days after the date of any tax invoice addressed and remitted to you or the agreed due date set [see (10)(b)], a $75 Admin Fee and 10% per week will be added to the invoice until debt is paid. CPKN Computers may use Debt Collectors and/or Courts to resolve unpaid debts – where all fees and extra expenses to do so, will be added to your debt.
(a) You are the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to CPKN Computers.
(b) Any property left with CPKN Computers unclaimed for 60 days, will be disposed, unless declared Abandoned based on the discretion of CPKN Computers after an assessment of Abandonment is made or indications of Abandoning is apparent, then CPKN Computers will be able to dispose between 14 to 30 days of receival. At which time, CPKN Computers shall have no liability to the client or any third party. (Recovery Fees apply for return request)
(a) In conjunction with Our Privacy Policy:
(b) CPKN Computers agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents/partners/contractors of CPKN Computers subject to confidentiality agreements or as required by law.
You warrant that:
(a) You are the owner or authorised licensee of all software, data, media, PCs/laptops and other equipment which you ask us to access, repair or install for you.
(b) Providing our services in relation to those mentioned in (a) does not violate any third party rights.
These terms and conditions are subject to the guarantees and remedies set out in the Australian Consumer Law and CPKN Computers.
(a) Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or a Service does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time. If this is not done You are entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service.
(b) Subject to Australian Consumer Law, CPKN Computers is not liable for any loss or damage that the Customer claims except to the extent that such loss or damage comprises a remedy under the Australian Consumer Law.
(c) Subject to Australian Consumer Law, CPKN Computers shall not be liable for any claims regarding the physical functioning of hardware/software or the condition or existence of data on storage media supplied before, during or after service, unless proven to be negligence of CPKN Computers.
(d) Subject to Australian Consumer Law, in no event will CPKN Computers be liable for any damage to devices, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if CPKN Computers has been advised of the possibility of damages or loss to persons or property. CPKN Computers liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
(e) Subject to Australian Consumer Law, the sole and exclusive remedy for unsatisfactory work or data loss shall be, at CPKN Computers option, additional attempts by CPKN Computers to recover satisfactory work/data or refund of the amount paid by the client. The parties acknowledge that the price of CPKN Computers services would be much greater if CPKN Computers undertook more extensive liability.
(f) You are aware of the inherent risks of injury and property damage involved in device repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of CPKN Computers, and assumes any and all known risks of injury and property damage that may results.
(g) Failure to follow our instructions or advice – You agree that we are not liable for any loss or damage that results from Your failure to follow our instructions, recommendations or advice, before, during or after services.
(a) You agree to indemnify us, our technicians and our related entities, including our partners and contractors, employees and agents, and hold us each harmless from any loss, damage, costs (including reasonable legal costs), or expense which arises from your breach of this Agreement, including but not limited to your non-payment of any fees or charges applicable to your booking, service or subscription, a breach of your on-site, remote service or data back-up obligations [Sections (4), (5), (6) and (8)], infringement by you of third party rights [Section (14.2)], our reliance on any warranty, authorisation or consent [Section (2)] provided under this Agreement or in connection with our service, or any negligent, wrongful, illegal or fraudulent act or omission by You, any unauthorised use of your subscription, or credit account caused by Your wrongful act or omission, except to the extent that liability is caused by Our gross negligence.
(a) We will not be liable for non-performance or delays caused by external events beyond our reasonable control (“Force Majeure“). Force Majeure events shall include, without limitation, acts of war, terrorism, cyber-attacks, civil commotion, epidemic or pandemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of God or act of any government or governmental agency.
(a) These terms of sale and the supply of the Goods and Services will be subject to the laws of the State of Australian Capital Territory in the Commonwealth of Australia, and parties submit to the jurisdiction of the courts of the State of Australian Capital Territory in respect of any dispute arising under this contract.
(a) If you have not actively sought out communication from anything related to CPKN Computers, please do not action anything, gather as much information about the communication and report to us ASAP by calling 02 6183 5012 and press 4, via email to [email protected] or via Mail – PO Box 4206, Ainslie, ACT, 2602.
(b) You are not to hold Us liable for any negative affects that you actioned from the unauthorised use of our Goods, Services, advice and brands, including our partners/contractors, from actions like scams or fraud. We are happy to provide advice on what to do next.
(a) This document sets forth the entire and final understanding of Customer and CPKN Computers pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended other than when CPKN Computers make changes to the terms following Section (1) of the terms. CPKN Computers’ agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.
