Introduction
Welcome to Call a Geek! These terms set out what you can expect from us and what we expect from you. We've kept the jargon out, but these are your legal rights and obligations, so please read them. By booking a job, accepting a quote, or otherwise using our services, you accept these terms.
Questions? Get in touch via our Contact page - we're happy to explain anything.
Who's who
- You / your: you, and any business or organisation you're authorised to represent. If you're the one booking the job, you're responsible for paying for it.
- We / us / Call a Geek: Call a Geek (2012) Limited, 16 Halifax Street, Nelson 7010, New Zealand.
- Services: everything we provide - in-store repairs and workshop services, on-site visits, remote support, hardware and software sales, and ongoing IT support arrangements.
Quotes, estimates and approval
- Where we give you a quote, it's valid for 14 days and covers the work described in it. Where we give an estimate, it's our best professional guess and the final cost may differ - we'll tell you if it's heading materially over.
- If during a job we find additional problems or the work needed is more than quoted, we'll stop and check with you before doing (or charging for) anything extra.
- If you decline a repair after we've diagnosed the problem, our no-fix diagnosis fee applies - we'll always tell you this fee before we start diagnosis.
- Current labour rates and standard fees are available on request and are confirmed when you book.
Payment
- Unless we've agreed credit terms with you, payment is due when you collect your device or when the job is completed (for on-site and remote work, on receipt of invoice).
- We may require payment before releasing a repaired device or supplied goods to you.
- Goods we supply remain our property until paid for in full.
- If an invoice is overdue we may charge you our reasonable costs of recovering the debt (including collection agency and legal costs), and for ongoing services we may suspend service until payment is made. Please keep your invoicing details up to date so this never needs to happen.
Uncollected devices
Please collect your device promptly once we let you know the work is finished (or that you've declined the repair). If a device is left with us for more than 90 days after we've asked you to collect it - using the contact details you gave us - we may treat it as abandoned and sell or responsibly dispose of it to recover our costs, in accordance with the Contract and Commercial Law Act 2017. Any surplus from a sale, less our costs, will be held for you. We'll always make reasonable efforts to reach you first; we'd much rather you had your gear back.
Your data and backups
- Back up before any service. Data loss is an unavoidable risk when working on any device, and while we take care, we can't guarantee your data will survive a repair. You're responsible for having a backup of your data unless you've specifically engaged us to back it up first (we're happy to - just ask).
- How we handle the data on your devices - including access, working copies, and secure deletion - is set out in our Privacy Notice, which forms part of these terms.
- If data is lost or corrupted in connection with our services, our responsibility is limited to taking reasonable steps to recover it from available backups.
Our warranty on work and parts
- We stand behind our work: if a fault we repaired recurs because of our workmanship within 30 days, we'll put it right at no charge.
- New parts and products we supply carry their manufacturer's warranty. We'll help you with warranty claims for products we've sold you - as an authorised Brother service provider, we can often handle those repairs ourselves.
- This warranty doesn't cover new or unrelated faults, damage after the repair, software issues arising from use or updates, or wear and tear - and nothing in it limits your rights under the Consumer Guarantees Act.
Your consumer rights
If you're acquiring our services or goods for personal, domestic or household use, the Consumer Guarantees Act 1993 applies and nothing in these terms excludes, restricts or modifies your rights under it (or under the Fair Trading Act 1986). Our services come with guarantees that can't be excluded - including that they'll be carried out with reasonable care and skill.
If you're acquiring goods or services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply, as permitted by section 43 of that Act.
Ongoing IT support arrangements
Where we provide ongoing services (for example managed Microsoft 365 support or other recurring arrangements):
- Either of us can end the arrangement with one month's written notice. You'll pay for all services, hardware and subscription costs up to and including the end date, and we'll help with a tidy handover.
- We may suspend or end the arrangement immediately if you seriously breach these terms and don't fix the breach within 14 days of our notice (or it can't be fixed), if invoices remain unpaid after reminder, or if you become insolvent or subject to a similar event.
- Third-party subscriptions we manage for you (such as Microsoft licences) are subject to the relevant provider's terms and billing cycles, and some are non-refundable mid-cycle.
Playing fair
Most of this is common sense, but for the record, when using our services you must not:
- ask us to do anything unlawful - including work on devices or accounts you don't own or aren't authorised to access;
- undermine the security or integrity of our systems or anyone else's, or introduce viruses or other malicious code;
- be abusive to our team. We're a friendly bunch and we look after our people - we won't tolerate abuse or bullying of Call a Geek staff, and we may decline or end service where it occurs.
We love your feedback and may use it to improve our services without restriction.
Liability
Other than liability we can't exclude or limit by law (including under the Consumer Guarantees Act for consumers), our liability to you in connection with our services or these terms - in contract, tort (including negligence) or otherwise - is limited as follows:
- We aren't liable for indirect or consequential loss, loss of revenue or profit, loss of goodwill, or loss of anticipated savings.
- For loss or corruption of data, our liability is limited to taking reasonable steps to recover the data from available backups.
- Our total aggregate liability is limited to the amount you paid us for the job giving rise to the claim or, for ongoing arrangements, the amounts you paid us in the 12 months before the claim arose.
- If you're a business customer, you indemnify us against third-party claims arising from your use of our services or any third-party product.
General
- Events beyond our control: we're not liable for delays or failures caused by events beyond our reasonable control.
- Notices: formal notices to us should go to service@callageek.nz. Notices to you will go to the email address you've given us.
- Changes: we may update these terms from time to time; changes won't apply retrospectively, and the date at the top tells you the current version. The terms in force when you book a job are the ones that apply to it.
- Severability: if any part of these terms can't be enforced, the rest still stands.
- Governing law: these terms are governed by New Zealand law, and disputes are subject to the non-exclusive jurisdiction of the New Zealand courts and, where applicable, the Disputes Tribunal.
Disputes
If something's not right, please talk to us first - most concerns are sorted quickly with a phone call to 03 548 0007. If we can't resolve it between us, either of us may take the matter to the Disputes Tribunal (for claims within its limits) or the New Zealand courts.
