Introduction
Welcome to Call a Geek! Before you start using Call a Geek, we do need you to look through and accept these terms. We've done our best to explain it all without using too much jargon, so it's clear what we expect from you and what you can expect from us.
These are your legal rights and obligations, so please do read everything. If you can't agree to our terms, then you can't use our services.
If you still have questions or comments after you've read these terms, please go to our Contact page to get in touch.
Using Call a Geek
In this section we explain how to use our services. When you see a word in bold, it will have the same corresponding meaning every time it's used within these terms.
- You and Call a Geek: When we say you or your, we mean both you and any entity or firm you're authorised to represent. When we say Call a Geek, we, our or us, we're talking about the Call a Geek entity you contract with.
- Our services: Our services consist of all the services we provide now or in the future, including our phone support, onsite support and work you drop off to our offices.
- Creating a job request: When you create a job request to use our services and accept these terms, you become a customer. If you're the customer, you're the one responsible for paying for your job request.
- Your responsibilities: You promise that you'll keep your information (including a current email address and phone number) up to date. You're responsible for providing true, accurate and complete information.
Pricing
Unless advised otherwise, you'll need to pay for our products or services. Pricing details and other terms of our services are explained when you request a quote for our services.
Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the due date of the issued invoice. To avoid delayed or missed payments, please make sure we have accurate invoicing information. If we don't receive timely payments, we may suspend access to our services until the payment is made.
Data use and privacy
Call a Geek uses your data to provide our services to you. Our privacy notice is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.
- Use of data: When you provide us with data for our services, we don't own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about our services; and send you information we think may be of interest to you based on your marketing preferences.
- Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you provide to Call a Geek, like your name and email address.
- Use of personal data you provide about others: We may also hold the personal data of others (such as your customers, suppliers and employees) that you provide to Call a Geek.
- Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
- Data breach notifications: Where we think there has been unauthorised access to personal data about you, we'll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you're best placed to make this decision, because you'll have the most knowledge about the personal data stored about you.
Confidential information
We take reasonable precautions to protect your confidential information and expect that you'll do the same for ours.
Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party's confidential information from being accessed by unauthorised individuals. You or we may share each other's confidential information with legal or regulatory authorities if required to do so.
Security
We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.
- Security safeguards: We've invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we've taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your data.
- Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there's been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.
Data loss
You may experience data loss, so backing up your data is important.
- Availability: We strive to maintain the availability of our services, and provide support, Monday to Friday between the hours of 8:30 and 17:00, excluding public holidays.
- Data loss: Data loss is an unavoidable risk when using any technology. You're responsible for maintaining copies of your data provided for our services.
- No compensation: Whatever the cause of any downtime, or data loss, your only recourse is to discontinue using our services.
Do's and don'ts
This section is super important because it outlines how you can (and can't) use our services. Much of it will be common sense.
Feedback: We love your feedback and may use it without restriction.
Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
While we can't cover everything here, we do want to highlight a few more examples of things you mustn't ever do:
- Undermine the security or integrity of our computing systems or networks.
- Use our services in any way that might impair functionality or interfere with other people's use.
- Access any system without permission.
- Introduce or upload anything to our services that includes viruses or other malicious code.
- Share anything that may be offensive, violates any law, or infringes on the rights of others.
- Commit fraud or other illegal acts through our services.
- Act in a manner that is abusive or disrespectful to a Call a Geek employee, partner, or other Call a Geek customer. We will not tolerate any abuse or bullying of our Call a Geek employees in any situation.
Termination
You can easily terminate your subscription with one month's written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.
- Termination by you: You may choose to terminate our services with you at any time by providing one month's written notice in advance. You'll still need to pay all relevant labour, hardware and subscription fees up to and including the day of termination.
- Termination by Call a Geek: Call a Geek may choose to terminate our service to you at any time by providing you with one month's written notice in advance. Call a Geek may also terminate or suspend our services to you immediately if: you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach; you breach any of these terms and the breach cannot be remedied; you fail to pay subscription fees; or you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
Liability and indemnity
This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.
- You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product.
- Disclaimer of warranties: Our services and all third-party products are made available to you on an "as is" basis. Subject to the exclusion below, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
- Limitation of liability: Other than liability that we can't exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows: We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense. For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from available backups. Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for our services in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
Disputes
Dispute resolution: Most of your concerns can be resolved quickly and to everyone's satisfaction by contacting our support team. If we're unable to resolve your complaint to your satisfaction (or if we haven't been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Important housekeeping
- No professional advice: Just to be clear, Call a Geek isn't a professional services firm of any sort, and isn't in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a small business, but this should not be seen as a substitute for professional advice and we aren't liable for your use of the information in that way.
- Events outside our control: We do our best to control the controllables. We aren't liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
- Notices: Any notice you send to Call a Geek must be sent to legalnotices@callageek.nz. Any notices we send to you will be sent to the email address you've provided us.
- Exclusion: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we're bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant product or service (unless the non-excludable guarantee says otherwise).
- Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
- Changes to these terms: We sometimes will decide to change these terms of use. But don't worry, changes won't apply retrospectively. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms.
- Enforcement of terms: If there's any part of these terms that either one of us is unable to enforce, we'll ignore that part but everything else will remain enforceable.
- Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
