Terms & Conditions

The Terms & Conditions outlined on this webpage for Home Users, Business Users and/or Data Recovery Users provides Expectations and Guidance on the Goods and Services CPKN Computers provides as well as how CPKN Computers conducts its business – including following the rules, regulations and laws of the Australian Consumer Laws.

A form is provided at the end of each T’s & C’s to provide acceptance you understand the Expectations of Goods and Services.

NOTE: We cannot force you to agree to these Terms and Conditions, however, under Australian Consumer Laws, both You and CPKN Computers are still covered under reasonable principles and laws. As a result, we cannot be forced to accept and provide You with Goods and Services and have the right to decline working with You.

View our Privacy Policy.

Terms & Conditions of CPKN Computers (Fill in the form at the end of this document. If you have difficulty, a Digital Version can be sent to you or one will be available with the Technician)

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.

These Terms have been Amended on the 31/01/22 | Reviewed: 13/02/22

These terms govern the provision of any computer/phone/electronic device/network or any ICT related services (“Services”) provided by CPKN Computers to (“You” or “Customer”)

CPKN Computers provides You with access to and use of the Services subject to Your compliance with the Terms. 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, but does not void any invoiced amount owing for any goods or services rendered.

Definitions

(a) Section – used for clauses/reference points throughout the Document. Eg: Section (1)(a) equals 1. Amendments, part A.

(b) You, 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 Software) supplied by us to you.

(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 is left with CPKN Computers, with the intention of never coming back for it.

1. Amendments

(a) Amendments can happen at anytime for any reason. You will be notified via email about changes being made.

(b) There is a 7 Day Cooling Off Period for you to review the changes from when the notification is sent – the period is valid, even if the notification is sent to junk or you did not receive it at all.

It is a good idea to check the Amendment Date on the website periodically.

(c) After 7 Days or if you request service during the Cooling Off Period or due to urgent change requirements from events such as by law (eg health orders related to Pandemic Management), security or technical reasons or prevent fraud or misuse of the services, if you did not decline the terms, you will automatically accept the new terms.

(d) For Subscriptions, amendments change at the next billing cycle. Any changes to fees/charges, we will notify you before the next billing cycle to allow you the opportunity to cancel your subscription if you do not agree.

(e) If you do not wish to accept the terms, please email us at [email protected] that you do not accept – All Data and Information held by us follows Our Privacy Policy [Section (10)].

2. Authorization to Access Your Devices

(a) You acknowledge that by Your use of the Services You are authorizing CPKN Computers to access and control Your computer, phone or any ICT 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 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.

3. Quotes

(a) Any quote given by CPKN Computers is given as a guide based on limited information provided by You. A quote is intended to give You an estimate on the price and not an assurance that the product or service will be sold at that price.

(b) All quotes are estimates and are valid for only 7 days but may change with new/updated information. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, work will not commence without client approval. Should You deny CPKN Computers to proceed with any work, a Troubleshooting Fee may apply on technician’s discretion of $50. A Fixed Price is quoted as stated in (a) to ready You in honouring payment under the Payment Terms section (16) of this agreement but does not guarantee or reflect final price. Confirm with technician if the told fixed amount is valid.

(c) If no solution/s can be given to help you with your issue/s, our “No Fix, No Fee” applies. If we find the solution/s and you do not wish for us to proceed with the solution/s, the Troubleshooting Fee still applies on technician’s discretion.

3.1. Custom Computer Quotes & Sales

(a) You are solely responsible for this purchase. We do not warrant the responsibility of your purchase or provide any advice thereto on how to purchase.

(b) CPKN Computers will not be liable for compatibility and suitability issues arising from:

(i) Changing part/s of a quoted PC Build to your recommendation/request

(ii) Upgrading/Downgrading an existing PC with your requested part/s

(iii) Providing the parts to build your PC.

(c) You will inspect and if good, accept this purchase is in good condition and are liable for any damage after delivery.

(d) CPKN Computers offers a 1 year return-to-base warranty (unless specified otherwise by Us or under Section 13 of these terms).

(e) Any fault claim over 7 days from date of invoice must be sent back to suppliers for warranty. (Warranty claims have varying time periods to be processed and can usually take between 2 to 8 weeks)

(f) No Refund for Change of Mind for purchases after order confirmation/processing.

(g) Full payment is due upon accepting builds, unless otherwise specified by Us or these Terms.

(h) DOA (Dead on Arrival) claim is strictly within 2 days.

(i) Acceptance of purchase return with no fault is purely at CPKN Computers’s discretion.

(j) Prices are fixed at time of sale and will remain unchanged regardless of the market price fluctuation after sale.

(k) In the event of stock unavailability, if a customer has 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 will need to be paid and any savings will be refunded/not charged.

(l) Customers must arrange delivery of all orders within two months of invoice date.

(m) CPKN Computers system warranty covers hardware only. All software is sold on a no-return basis and is not covered by any CPKN Computers Warranty.

4. Onsite Services & Cancellations

(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 charge equal to $50 may be assessed.

(b)   You must provide our technicians who provide on-site services with:

  • access to the areas of your premises necessary to provide services;
  • access to your devices and equipment;
  • a safe working environment and working space; and
  • electrical power and internet access (where applicable).

(c) You agree, cancellation or change of Appointment within 12 hours of Appointment time may incur a $50 fee.

(d) 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).

(e) You must ensure backup of your Data is done before commencement of Our services as stated in Section (6) of these terms.

(f) You have legitimate copies of all software as well as all installation disks/media and product keys ready to use before commencement.

5. Remote Services & Cancellations

(a) For Our Remote 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, services will be denied and the cancellation charge is the $60 prepaid charge.

(b) If remote connection is disrupted forcibly by You, the $60 prepaid charge will not be refunded based on the circumstances of the forcible disruption. We will confirm with You on the reasons why.

(c) 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 deny On-Site or reschedule, the $60 prepaid charge is not refundable.

(d) The cancellation fees in (a), (b) and (c) 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).

(e) You must ensure backup of your Data is done before commencement of Our services as stated in Section (6) of these terms.

(f) You have legitimate copies of all software as well as all installation disks/media and product keys ready to use before Remote Session.

(g) Not all issues can be resolved by remote support – you acknowledge that some problems cannot be fixed over telephone, live chat or by remote system access, and may require on-site support.

6. Backup Services, Data Transfer & Potential Data Loss

(a) While CPKN Computers will make all reasonable efforts to safeguard the contents (data) stored on Your devices, You understand and agree that prior to contacting or allowing CPKN Computers to perform diagnostic, repair, or other services on Your devices, 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.

(b) If You do not have a backup of Your software and data, 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) While every step is taken to ensure Data Transfer/Cloning of Data and or Operating System is done, you accept that corruption, viruses, malware, 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, in case the operating system and its applications require a reinstall.

(d) You acknowledge and agree that CPKN Computers and/or its third-party service providers shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, data or files, unless it falls under the negligence of CPKN Computers, 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 (“Bugs”) and that CPKN Computers is held harmless and or released from any such liability except to the extent that such Bugs are caused by its own negligence in performing the services under this Agreement.

7. Diagnostics

(a) CPKN Computers may check over devices/software during services at no extra cost to evaluate the state of devices/software unless You requested the service, therefore, fees may apply. If additional potential/current issues are present, the technician will notify you. Current issues can be repaired immediately with current work for the additional price to do the service (subject to parts availability).

(b) If you disagree with the fix, CPKN Computers are not held liable to any issues after service not relating to found issues nor are liable for issues occurring that is found and denied to resolve.

(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 Subscription), given the nature of technology, you acknowledge that we do not guarantee that all problems or security threats will be identified).

(d) Final solution 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).

8. Software, Driver & BIOS Installation

(a) CPKN Computers may need to download and or run software on Your devices to help diagnose and resolve Your technology problem. 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. We ensure 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 do not hold us liable for issues that may arise from the available drivers.

(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 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 whole computer, rendering it unusable.
This is why CPKN Computers takes every step to find a solution that may avoid doing such a critical update. Should the need arise, we do everything possible to ensure a successful BIOS update, which is normally the case, however, due to the nature and warnings of the process, we are not to be held liable if you agree for us to do the BIOS update and it fails with the computer unusable. You understand that the risk warnings, even by the manufacturer means higher cost for liability would be required and therefore would be a risk We would rather not take, and leave it with our Clients, if they believe the fault should be put upon Us.

9. Upgrades/Replacements/Recommendations

(a) CPKN Computers can supply manufacturer specific upgrades, spare parts and/or Software on request. Please note however that we cannot guarantee compatibility with Your current system or configuration nor have supply available as You so Desire for which an order request must be given as well as a New Appointment or Drop-off is to be requested.

(b) CPKN Computers will offer suggestions and advice on upgrades/replacements/recommendations on hardware/software but is not liable for any compatibility issues or issues arising from self-installing/self-purchasing.

10. Legal Rights

(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)

11. Confidentiality

(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 of CPKN Computers subject to confidentiality agreements or as required by law.

12. No Third Party Infringement

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.

13. Warranty

Subject to Australian Consumer Law, CPKN Computers offers the following warranty periods:

(a) 7 day warranty for labour – All work is covered by a labour only 7 day warranty. If the same problem re-occurs within 7 days of the original repair (stated on the invoice), CPKN Computers will only charge for any additional parts that may be required. Excludes faults caused by software, virus and end user errors, at Technicians discretion.

Hardware Installation & Repair is covered unless unforeseen circumstances occur such as further hardware damage and/or failure not caused by the technicians services.

(b) Return-to-Base manufacturer’s warranty on new hardware – All hardware, software and/or equipment sold may be a third party product or service. Any repair work carried out may be protected by the original manufacturer warranty (Usually 1 year).

(i) Software commonly does not carry any warranties or has limited warranties, normally that covers Australian Consumer Law.

While CPKN Computers tries to accommodate the removal of the hassle of warranty claims through our Return-to-Base Warranty, You may be required to create a warranty claim Yourself. CPKN Computers will let you know if this is the case and guide You on getting the process going.

(c) 3 month return-to-base warranty on second hand hardware

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.

(d) 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.

14. Non Warranty Repairs

(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.

15. Warranty Exclusions

(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) This warranty does not cover failure of equipment due to the system not being serviced adequately, or failure from “fair wear and tear”. This warranty does not cover repairs for the replacement of parts due to incompatibility. The warranty holder will be liable to pay for these repairs.

16. Payment Terms

(a) Upon completion of services, 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(%). After Services, you may request a payment plan to pay off the invoice – an agreed amount will 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.

(ii) Some of the Payment Methods available include:

    • Cash
    • Card
    • Bank Transfer
    • PayPal
    • Cheque
      (CPKN Computers discretion)

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 (16)(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) The 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 (16)(a),(a)(i), (b) and (c). If You disagree to added parts/services mentioned, CPKN Computers are not responsible of further issues that may occur, details under Diagnostics Section (7).

(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 under (16)(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.

17. Liability

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:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

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.

18. Indemnity

(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)], infringement by you of third party rights [Section (12)], 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.

19. Force Majeure

(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.

20. Jurisdiction and Venue

(a) These terms of sale and the supply of the goods 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.

21. Miscellaneous

(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.

22. Notifications & Communications

(a) CPKN Computers has different means to notify and communicate with you. Here is a list of common methods We use:

(b) 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 2 or via Mail – PO Box 4206, Ainslie, ACT, 2602.

(c) 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, from scams or fraud. We are happy to provide advice on what to do next.

(d) 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.

    I of , hereby declare that I have read the above Terms & Conditions.

    Please enter your Email to be sent a Confirmation that you Accepted these Terms:

    We are sorry, but if you do not Accept these Terms, we cannot provide you with Support. Please Contact us for assistance.

    View our Privacy Policy.

    Terms & Conditions of CPKN Computers (Fill in the form at the end of this document. If you have difficulty, a Digital Version can be sent to you or one will be available with the Technician)

    PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.

    These Terms have been Amended on the 30/06/23 | Reviewed: 30/06/23

    These terms govern the provision of any computer/phone/electronic device/network or any ICT related services (“Services”) provided by CPKN Computers to (“You” or “Customer” or “Business”)

    CPKN Computers provides You with access to and use of the Services subject to Your compliance with the Terms. 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.

    Definitions

    (a) Section – used for clauses/reference points throughout the Document. Eg: Section (1)(a) equals 1. Amendments, part A.

    (b) You, 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 Software) supplied by us to you.

    (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 is left with CPKN Computers, with the intention of never coming back for it.

    1. Amendments

    (a) Amendments can happen at anytime for any reason. You will be notified via email about changes being made.

    (b) There is a 7 Day Cooling Off Period for you to review the changes from when the notification is sent – the period is valid, even if the notification is sent to junk or you did not receive it at all.

    It is a good idea to check the Amendment Date on the website periodically.

    (c) After 7 Days or if you request service during the Cooling Off Period or due to urgent change requirements from events such as by law (eg health orders related to Pandemic Management), security or technical reasons or prevent fraud or misuse of the services, if you did not decline the terms, you will automatically accept the new terms.

    (d) For Subscriptions, amendments change at the next billing cycle. Any changes to fees/charges, we will notify you before the next billing cycle to allow you the opportunity to cancel your subscription if you do not agree.

    (e) If you do not wish to accept the terms, please email us at [email protected] that you do not accept – All Data and Information held by us follows Our Privacy Policy (Section 10).

    2. Authorization to Access Your Devices

    (a) You acknowledge that by Your use of the Services You are authorizing CPKN Computers to access and control Your computer, phone or any ICT 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 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.

    3. Quotes

    (a) CPKN Computers will provide you with the current Hourly Rate.

    (b) Any quote given by CPKN Computers is given as a guide based on limited information provided by You. A quote is intended to give You an estimate on the price and not an assurance that the product or service will be sold at that price.

    (c) All quotes are estimates and are valid for only 7 days but may change with new/updated information. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, work will not commence without client approval. Should You deny CPKN Computers to proceed with any work, a Troubleshooting Fee may apply on technician’s discretion of 1 hours worth.

    (d) First Appointments may have a Fixed Price quoted rather using a hourly rate.

    (e) Quotes are given as stated in (3)(a) and (b) to ready You in honouring payment under the Payment Terms section of this agreement (16) but does not guarantee or reflect final price.

    (f) If no solution/s can be given to help you with your issue/s, our “No Fix, No Fee” applies. If we find the solution/s and you do not wish for us to proceed with the solution/s, the Troubleshooting Fee still applies on technician’s discretion as X hours spent before declining (normally within 1 hour).

    3.1. Custom Computer Quotes & Sales

    (a) You are solely responsible for this purchase. We do not warrant the responsibility of your purchase or provide any advice thereto on how to purchase.

    (b) CPKN Computers will not be liable for compatibility and suitability issues arising from:

    (i) Changing part/s of a quoted PC Build to your recommendation/request

    (ii) Upgrading/Downgrading an existing PC with your requested part/s

    (iii) Providing the parts to build your PC.

    (c) You will inspect and if good, accept this purchase is in good condition and are liable for any damage after delivery.

    (d) CPKN Computers offers a 1 year return-to-base warranty (unless specified otherwise by Us or under Section 13 of these terms).

    (e) Any fault claim over 7 days from date of invoice must be sent back to suppliers for warranty. (Warranty claims have varying time periods to be processed and can usually take between 2 to 8 weeks)

    (f) No Refund for Change of Mind for purchases after order confirmation/processing.

    (g) Full payment is due upon accepting builds, unless otherwise specified by Us or these Terms.

    (h) DOA (Dead on Arrival) claim is strictly within 2 days.

    (i) Acceptance of purchase return with no fault is purely at CPKN Computers’s discretion.

    (j) Prices are fixed at time of sale and will remain unchanged regardless of the market price fluctuation after sale.

    (k) In the event of stock unavailability, if a customer has 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 will need to be paid and any savings will be refunded/not charged.

    (l) Customers must arrange delivery of all orders within two months of invoice date.

    (m) CPKN Computers system warranty covers hardware only. All software is sold on a no-return basis and is not covered by any CPKN Computers Warranty.

    4. Onsite Services & Cancellations

    (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 charge equal to 1 hours worth may be assessed.

    (b)   You must provide our technicians who provide on-site services with:

    • access to the areas of your premises necessary to provide services;
    • access to your devices and equipment;
    • a safe working environment and working space; and
    • electrical power and internet access (where applicable).

    (c) You agree, cancellation or change of Appointment within 12 hours of Appointment time may incur a fee of 1 hours worth.

    (d) 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).

    (e) You must ensure backup of your Data is done before commencement of Our services as stated in Section (6) of these terms.

    (f) You have legitimate copies of all software as well as all installation disks/media and product keys ready to use before commencement.

    (e) You will be charged the first hour minimum than at 15 minute increments thereafter.

    5. Remote Services & Cancellations

    (a) For Our Remote 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, services will be denied and a cancellation charge of 1 hours worth may be assessed.

    (b) If remote connection is disrupted forcibly by You, a fee of X hours worth may occur based on the circumstances of the forcible disruption and how long into the service. We will confirm with You on the reasons why.

    (c) 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 deny On-Site or reschedule, a Troubleshooting Fee of 1 hours worth may be assessed.

    (d) The cancellation fees in (a), 1 hours worth of (b), and (c) 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).

    (e) You must ensure backup of your Data is done before commencement of Our services as stated in Section (6) of these terms.

    (f) You have legitimate copies of all software as well as all installation disks/media and product keys ready to use before Remote Session.

    (g) Not all issues can be resolved by remote support – you acknowledge that some problems cannot be fixed over telephone, live chat or by remote system access, and may require on-site support).

    6. Backup Services, Data Transfer & Potential Data Loss

    (a) While CPKN Computers will make all reasonable efforts to safeguard the contents (data) stored on Your devices, You understand and agree that prior to contacting or allowing CPKN Computers to perform diagnostic, repair, or other services on Your devices, 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.

    (b) If You do not have a backup of Your software and data, we can provide You with our data backup services at an additional cost, including Business Continuity Services. However, we cannot guarantee the integrity of the data when backing up.

    (c) While every step is taken to ensure Data Transfer/Cloning of Data and or Operating System is done, you accept that corruption, viruses, malware, 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, in case the operating system and its applications require a reinstall.

    (d) You acknowledge and agree that CPKN Computers and/or its third-party service providers shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, data or files. 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 (“Bugs”) and that CPKN Computers is held harmless and or released from any such liability except to the extent that such Bugs are caused by its own negligence in performing the services under this Agreement.

    7. Diagnostics

    (a) CPKN Computers may check over devices/software during services at no extra cost to evaluate the state of devices/software unless You requested the service, therefore, fees may apply. If additional potential/current issues are present, the technician will notify you. Current issues can be repaired immediately with current work for the additional price to do the service (subject to parts availability).

    (b) If you disagree with the fix, CPKN Computers are not held liable to any issues after service not relating to found issues nor are liable for issues occurring that is found and denied to resolve.

    (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 Subscription), given the nature of technology, you acknowledge that we do not guarantee that all problems or security threats will be identified).

    (d) Final solution 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).

    8. Software, Driver & BIOS Installation

    (a) CPKN Computers may need to download and or run software on Your devices to help diagnose and resolve Your technology problem. 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. We ensure 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 do not hold us liable for issues that may arise from the available drivers.

    (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 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 whole computer, rendering it unusable.
    This is why CPKN Computers takes every step to find a solution that may avoid doing such a critical update. Should the need arise, we do everything possible to ensure a successful BIOS update, which is normally the case, however, due to the nature and warnings of the process, we are not to be held liable if you agree for us to do the BIOS update and it fails with the computer unusable. You understand that the risk warnings, even by the manufacturer means higher cost for liability would be required and therefore would be a risk We would rather not take, and leave it with our Clients, if they believe the fault should be put upon Us.

    9. Upgrades/Replacements

    (a) CPKN Computers can supply manufacturer specific upgrades, spare parts and/or Software on request. Please note however that we cannot guarantee compatibility with Your current system or configuration nor have supply available as You so Desire for which an order request must be given as well as a New Appointment or Drop-off is to be requested. CPKN Computers will offer suggestions and advice on upgrades but is not liable for any compatibility issues or issues arising from self-installing.

    10. Legal Rights

    (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)

    11. Confidentiality

    (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 of CPKN Computers subject to confidentiality agreements or as required by law.

    12. No Third Party Infringement

    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.

    13. Warranty

    Subject to Australian Consumer Law, CPKN Computers offers the following warranty periods:

    (a) 7 day warranty for labour – All work is covered by a labour only 7 day warranty. If the same problem re-occurs within 7 days of the original repair (stated on the invoice), CPKN Computers will only charge for any additional parts that may be required. Excludes faults caused by software, virus and end user errors, at Technicians discretion.

    Hardware Installation & Repair is covered unless unforeseen circumstances occur such as further hardware damage and/or failure not caused by the technicians services.

    (b) Return-to-Base manufacturer’s warranty on new hardware – All hardware, software and/or equipment sold may be a third party product or service. Any repair work carried out may be protected by the original manufacturer warranty (Usually 1 year).

    (i) Software commonly does not carry any warranties or has limited warranties, normally that covers Australian Consumer Law.

    While CPKN Computers tries to accommodate the removal of the hassle of warranty claims through our Return-to-Base Warranty, You may be required to create a warranty claim Yourself. CPKN Computers will let you know if this is the case and guide You on getting the process going.

    (c) 3 month return-to-base warranty on second hand hardware

    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.

    (d) 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.

    14. Non Warranty Repairs

    (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.

    15. Warranty Exclusions

    (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) This warranty does not cover failure of equipment due to the system not being serviced adequately, or failure from “fair wear and tear”. This warranty does not cover repairs for the replacement of parts due to incompatibility. The warranty holder will be liable to pay for these repairs.

    16. Payment Terms

    (a) Upon completion of services, 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 of non-hourly items before commencing. Some Services require a deposit at an agreed percentage(%). After Services, you may request a payment plan to pay off the invoice – an agreed amount will 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.

    (ii) Some of the Payment Methods available include:

      • Card
      • Bank Transfer
      • PayPal
      • Cheque
        (CPKN Computers discretion)

    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 14 days) including as stated in Section (16)(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 additional parts/services required will be added to the amount but will be confirmed by You before commencement, therefore, the new Price is to be paid as stated in Section (16)(a), (a)(i), (b) and (c). If You disagree to added parts/services mentioned, CPKN Computers are not responsible of further issues that may occur, details under Diagnostics Section (7).

    (e) If any amount due and payable under the terms hereof remains unpaid 14 days after the date of any tax invoice addressed and remitted to you or the agreed due date set under (16)(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.

    17. Subscription Services & Payment

    (a) Term: When you sign up to the Business Management Subscription (BMS), the subscription commences on the day of sign up and you will have the choice of two(2) payment options:

    (1) Month-to-Month:- You pay a per month fee via your nominated card. The Subscription period is set to 12 months, for the purposes of this agreement (Updating Terms and Cancellations).

    (2) Yearly:- You pay a per year fee via your nominated card. You are covered for 12 months from date of sign up.

    (b) 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 the Service.

    (c) Your Subscription automatically renews on the same date each month (for Month-to Month) or each year (for Yearly). 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

    (d) Your subscription covers the following:

    BASIC: $30 per Month [(17)(a)(1)] or $300 per Year [(17)(a)(2)]

    • 5 Computer Devices & 5 Mobile/Tablet Devices per location*1
    • 300min of Remote Support Free per month, then $60 p/h until reset in the next month (Follows Section 5 of these Terms)(Normally $60 per hour)
    • $90 per hour for On-Site/Off-Site Service (normally $130) (Follows Section 4 of these Terms)
    • $30 Emergency Callout within 4hrs – When you need support ASAP*2 (Normally $80)
    • 1 Hour Audit per year for Systems Integrity –  This resets per 1 year of Subscription, including the Month-to-Month option. It is Your responsibility to book the Audit.

    PREMIUM: $100 per Month [(17)(a)(1)] or $1000 per Year [(17)(a)(2)]

    • 10 Computer Devices & 10 Mobile/Tablet Devices per location*1
    • Proactive Monitoring (On Compatible Devices)
    • Unlimited Remote Support (Fair Use – see Section 17.2) (Follows Section 5 of these Terms)(Normally $60 per hour)
    • $60 per hour for On-Site/Off-Site Service (normally $130) (Follows Section 4 of these Terms)
    • $30 Emergency Callout within 4hrs – When you need support ASAP*2 (Normally $80)
    • Twice per Year Hardware Maintenance*3

    *1 Per Location means if you have more than one location for your business, the Subscription covers only one location and will require a subscription for each location. Devices cannot be interchanged in the coverage, you will nominate the devices covered at one location.
    You can also pay $20 extra on the Month-to-Month with Basic or $15 for Premium, or $15 per month on the Yearly Basic or $10 per month on Yearly Premium – per 3 devices (Computers, Mobile or Tablets) if you have more than the covered amount.

    *2 For Canberra Only. While we strive to provide you with timely support, there may come a time we are unable to make it within the promised time when requesting the Emergency Callout due to unforeseen/uncontrollable circumstances. If this is the case, we shall try to make it to you as soon as possible and you will not pay the fee and get the first hour free.

    *3 Cleaning of Computer Components such as cleaning dust out of computer cases, fans and other parts, reapply Thermal Paste (as needed) and any other minor regular maintenance recommended by manufacturers.

    Your Subscription excludes the following:

    • Hardware, Software & Purchase Costs
    • Parts and/or other costs associated with providing repairs
    • Fixing bugs inherent and ingrained in certain types of software
    • Instances where compatibility of the system/s to the software is in question
    • Instances where the system configuration is invalid or not supported by the manufacturer of the device/application
    • Scripting, programming, database design or web development
    • Situations where the manufacturer of the application or technology is unable to, or has not yet, provided a solution to a problem.
    • Web Development Work.

    Remote Exclusions:

    • Hard Drive formatting or operating system installation
    • Virus, Malware, Spyware removal
    • Training or instruction on how to use features of a software program or hardware other than as required to address the current issue
    • Advanced network services such as configuring port forwarding, installing new network equipment or connecting your computer to a virtual private network.

    All other Devices and Services not mentioned in these terms is subject to Remote Support or On-Site/Off-Site Support coverage.

    17.1. Add-ons

    (a) There are a variety of add-ons including Security, Backup, Proactive Monitoring, Domain & Email/Office, offered at a variety of different costs and schedules.

    (b) Add-ons will be added based on your choices that include amount of add-on coverage – eg how many devices requiring Security, or there are a mix of monthly costs and a One-Off costs – eg Backup Hardware may have One-Off costs and monthly costs for Cloud.

    (c) Add-ons under the Month-to-Month plan that are not monthly will be divided into the Monthly cost. If you cancel the Month-to-Month early, the add-ons that have remaining amounts left, will need the remaining amount paid in full (Invoiced) – eg if you cancel and have Security at $40 per Year, if you cancel at 6 months, you owe $20 for the remaining 6 months.

    17.2. Cancellation / Charges

    (a) Cancelling your subscription requires up to 7 days notice before renewal/expiry of your subscription.

    (b) There is no Refunds for the Month-to-Month option. (subject to Australian Consumer Law)

    (c) There is a refund for the Yearly Payment 50% less than the remaining amount per month as an Admin Fee.

    Example: If you cancel at 6 months, your refund is 25 x 6 = 150 – 50% = $75 refunded to you.

    (d) No charge is payable if you are cancelling as permitted under Australian Consumer Law or if you have not received any on-site support or under 3 Remote Support sessions.

    17.3. Fair Use

    (a) As a Subscription customer, you must not use the services in a way that is excessive, unreasonable, or fraudulent, or that disrupts or impedes our ability to provide services to other customers. The services should only be used for your reasonable and genuine business needs and you should not:

    (i) Make multiple remote service requests caused by a lack of regular maintenance

    (ii) Make repeated requests caused by your failure to act on our recommendations

    (iii) Attempt to make the services available beyond the Supported Devices or to persons who are not subscribed to the services.

    18. Pre-Paid Packs

    (a) Pre-Paid Pack hours may only be used for on-site/off-site support, however, we may temporarily allow it to be used for remote support for situations like – e.g. Pandemic Events that have restrictions.

    (b) Pre-Paid Pack hours expire three(3) years from the date of purchase. Except as required by Australian Consumer Law, pre-paid packs are not refundable.

    (c)   Pre-Paid Packs do not include any products/major parts. Some minor parts can be covered by the Pack (subject to our discretion). Products/parts which you require must be paid for separately via the Invoice provided at the end of the job.

    19. Liability

    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:

    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value.

    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.

    20. Indemnity

    (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)], infringement by you of third party rights [Section (12)], 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.

    21. Force Majeure

    (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.

    22. Jurisdiction and Venue

    (a) These terms of sale and the supply of the goods 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.

    23. Miscellaneous

    (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.

    24. Notifications & Communications

    (a) CPKN Computers has different means to notify and communicate with you. Here is a list of common methods We use:

    (b) 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 2 or via Mail – PO Box 4206, Ainslie, ACT, 2602.

    (c) 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, from scams or fraud. We are happy to provide advice on what to do next.

    (d) 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.

      I of , hereby declare that I have read the above Terms & Conditions.

      Please enter your Email to be sent a Confirmation that you Accepted these Terms:

      We are sorry, but if you do not Accept these Terms, we cannot provide you with Support. Please Contact us for assistance.

      View our Privacy Policy.

      Terms & Conditions of CPKN Computers (Fill in the form at the end of this document. If you have difficulty, a Digital Version can be sent to you or one will be available with the Technician)

      PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.

      These Terms have been Amended on the 31/01/22 | Reviewed: 13/02/22

      These terms govern the provision of any computer/phone/electronic device/network Data Recovery Service (“Services”) provided by CPKN Computers to (“You” or “Customer” or “Business”)

      CPKN Computers provides You with access to and use of the Services subject to Your compliance with the Terms. 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.

      Data Recovery Terms are in conjunction with HOME and BUSINESS Terms laid out on this webpage.
      By accepting these terms, you also accept the terms under HOME or BUSINESS in respect of your status as a home or business entity.
      Please read the corresponding Terms before you fill in the form at the end.
      If you are unsure of which terms to read and/or accept, please Contact Us.

      Definitions

      (a) Section or Point – used for clauses/reference points throughout the Document. Eg: Section (1)(a) equals 1. Amendments, part A.

      (b) You, 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 Software) supplied by us to you.

      (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 is left with CPKN Computers, with the intention of never coming back for it.

      Amendments

      (a) Amendments can happen at anytime for any reason. You will be notified via email about changes being made.

      (b) There is a 7 Day Cooling Off Period for you to review the changes from when the notification is sent – the period is valid, even if the notification is sent to junk or you did not receive it at all.

      It is a good idea to check the Amendment Date on the website periodically.

      (c) After 7 Days or if you request service during the Cooling Off Period or due to urgent change requirements from events such as by law (eg health orders related to Pandemic Management), security or technical reasons or prevent fraud or misuse of the services, if you did not decline the terms, you will automatically accept the new terms.

      (d) If you do not wish to accept the terms, please email us at [email protected] that you do not accept – All Data and Information held by us follows Our Privacy Policy (Section 10).

      1. The client authorises the employees and contractors/partners of CPKN Computers to receive and transport their device to and from their facilities by Courier/Technician.
      2. The client represents, warrants, and affirms that he/she is the owner of or representative for the device sent for data recovery/extraction.
      3. Unless Client requests disposal, any property left with CPKN Computers or our Partners for more than 60 days will be disposed of, sold, reused, or recycled, 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 or our Partners will able to dispose, sell or reuse between 14 to 30 days of receival. In this case, CPKN Computers and its Partners are without liability to the client or any third party. (Recovery Fees apply for return request)
      4. The client understands that, although we strive for our success rate to be high, data recovery/extraction cannot be guaranteed. There are cases where no data at all can be recovered or only some of the data can be recovered.
      5. The client understands that a hard drive, SSD, mobile phone, tablet, USB flash drive, memory card, or any other electronic device may fail at any time – even while in possession of CPKN Computers or our Partners. The client shall not hold CPKN Computers or its Partners responsible in any way for any such failure.
      6. In no event will a contractor/partner or employee of CPKN Computers be liable for any loss of data, damage to the device, loss of revenue or profit, or any other consequence of the service provided.
      7. CPKN Computers and its Partners, always agrees to keep all data recovered/extracted private and confidential. Any child pornography or highly illegal data found must be reported to a respective law enforcement division, as this is required by law. All other data will remain confidential in accordance with privacy laws. If any data that we recover is requested by law enforcement, this will be provided in accordance with the law.
      8. (Data Extraction) CPKN Computers Recovery can be paid upfront or at the end of service*. If CPKN Computers requires to provide a Backup Device, you will be notified of the cost after determining the total Recovery size. *Payment required upon delivery of data.
      9. (Data Recovery) CPKN Computers Recovery requires payment upon successful completion of Data Recovery.
        For our Partners, full payment is due prior to the release of data, unless a previous arrangement has been made. (See Point 13-15)
      10. CPKN Computers and its Partners will not be held liable if your device has any additional data loss due any work done, e.g. a mobile phone that is reset/erased or a hard drive that is erased. Everything we do is done in a safe way and we follow strict procedures to ensure everything possible is done to recover your data without the risk of any data loss/additional problems. But in the event of any mistake or human error, CPKN Computers and Partners will not pay any compensation or provide any financial payment to the client.
      11. Our “No-Data, No-Fee” policy applies for the unsuccessful attempts by our standard methods, the option to use our Partners incurs a separate fee. Our Partners “No-Data, No-Fee” policy only applies for specified cases. In some circumstances, an initial fee which is not refundable may be requested before work is started. This is always discussed before they begin their data recovery procedures and will be stated in a quote for your device.
      12. Payment Methods accepted: Card, PayPal, Bank transfer. Cash or Cheques are not accepted unless approved.

      (Partner Recovery Points 13-15)

      1. If you approve our Partner quote and request that we cancel the job for any reason after 24 hours has passed, we cannot provide you with any refund. The payment you have made will be kept, we can stop the work and return the device to you at no additional cost. If no payment has been made, we ask for a 50% of the quoted amount you approved to cancel the job. E.g If the quote was for $1000, and you cancel the job after they have started work or have completed work, we expect payment of $500.
      2. Payment is required within 14 days of the work being completed. You can pay by Card, PayPal or Bank transfer. We will need your full payment provided in cleared funds before we return your data to you.
      3. Payment after 14 days will incur a late payment fee of 10% for late payment, if the payment is still due at 30 days, 15% will be added and at 45 days, 20% will be added unless this is waived due to special circumstances by our staff prior to approving the quote.
      1. We promise to do the work you ask us to do, we do expect prompt payment for our work and the work of our Partners. If you do not pay us within 60 days, a debt collector will be used, and you will be charged accordingly by the debt collector.
      2. If the method of data recovery we quoted you for fails, we may offer you another method and provide you with a revised method/quote which will be higher in price, eg sending to our Partners. This will be an obligation-free quote.
      3. We cannot guarantee how much data can be recovered from your device, we will only know when we complete the recovery attempt. We strive to retrieve all possible recoverable data. Our goal will be to recover your most important files, as well as all other data, in the best condition possible.

      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, for most 8 problem types including 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 this 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) or Microsoft Surface computer of any kind (where access through the screen is required), if there is damage to the screen/crack/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 etc for an additional fee. These Screen types are not made to easily be taken off, so you understand the risk accessing the contents inside through this type of component can be damaging.

        I of , hereby declare that I have read the above Terms & Conditions.

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