Terms & Conditions of Service

Here at KyleTech we like to write things in plain English so anyone can understand them. We want our customers to be on the same page as us to ensure the best possible experience from using our services. If there’s still something you can’t quite wrap your head around, feel free to give us a call or send us an email via our contact form.

Booking Process

  1. At the time of initial booking, a brief description of your computer problem will be requested. Your details including full name, residential/business address, email address, contact number and a method of payment will be requested in order to secure your appointment.
  2. If an onsite visit is required, a callout fee may be charged. This will be dependent on your locality from our office.
  3. On the day of your booking, a technician will arrive at your premises at the agreed time or in the case of your issue being handled remotely, you will receive a phone call at the specified appointment time.
  4. In the event that due to circumstances beyond our control, a technician is unable to attend your premises or phone you at your specified appointment time, you will be contacted in advance to advise of the situation and alternate arrangements will be scheduled.

Repair Process

Onsite Appointments

  1. The technician will address the issue you have raised and perform an initial diagnosis. The best method of repair will be discussed with you. Upon your agreement, repairs will commence.
  2. On completion of the service, the technician will generate a tax invoice for payment detailing the work which has been carried out. This invoice must be paid before the technician leaves the premises unless the customer has a credit account with KyleTech.
  3. Your tax invoice will be emailed to you and/or printed at your premises if you wish to have a hard copy and can be accessed online at any time through our client login area.

Remote Appointments

  1. The technician will send you a link to start a remote session and after your consent will examine your computer to perform an initial diagnosis. The best method of repair will be discussed with you. Upon your agreement, repairs will commence.
  2. On completion of the service, the technician will generate a tax invoice for payment detailing the work which has been carried out. This invoice must be paid before the remote session is ended unless the customer has a credit account with KyleTech.
  3. Your tax invoice will be emailed to you and/or printed for you if you wish to have a hard copy and can be accessed online at any time through our client login area.

Offsite Work

In some instances, the work required at your premises may take several hours to complete onsite. In the interest of saving our customers money, the technician may request permission to take your computing devices offsite and charge you a flat-rate for all the work completed.

The choice to have your equipment taken offsite is entirely up to you, however, if you choose for the technician not to take your equipment offsite and instead continue to work onsite, the applicable hourly rate will be charged until all work is completed.

Remote Support

KyleTech provides remote support for personal and business clients. The following terms apply to clients who choose to use this service as a one-time option.

By installation of the KyleTech Remote Support tool, you authorise a member of the KyleTech support team to view your desktop and share control of your keyboard and mouse at your request. This may include access to or modification of settings related to any software, hardware or other network-connected equipment and peripherals.

All services rendered via the KyleTech remote support service still incur the same hourly charges as an onsite visit minus the call-out fee (where applicable).

The client accepts that use of the KyleTech Remote Support tool may make KyleTech privy to sensitive or confidential information stored on their computer system(s). We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of KyleTech, its customers or third parties or if required by law. Our complete privacy policy can be found here, in accordance with the Privacy Act 1988.

You hereby waive any and all claims against KyleTech or any of its contractors, agents, affiliates, directors and officers relating to or arising out of any damage or loss of any nature whatsoever that results, directly or indirectly, from KyleTech remotely connecting to your computer systems as requested by you pursuant to this Agreement, including, without limitation, loss of data and damage to your computer hardware, software and/or any related systems.

To sign up for the KyleTech Remote Support Client permanent installation please visit the following link and fill out the agreement located at the bottom of the page.

Hosting Services

Domain Names

KyleTech provides a domain name service where customers can choose to register a domain name associated with their name or business entity.

In order to set this up, the customer will provide the relevant details to KyleTech as required by au Domain Administration Limited (auDA). From this information, KyleTech will then register the required domain name on behalf of the client. The domain name will be registered to the client, however, will be managed by KyleTech.

The customer will not have direct access to the domain name to update contact information or name servers, however, this information can be passed onto KyleTech and will be updated accordingly. Each customer will be setup with a free Cloudflare account under their nominated email address which will allow them to make changes to DNS records for their domain at any time.

Should the customer need to transfer their domain to another provider, a request can be made in writing and KyleTech will provide the appropriate EPP Code or Auth Key in order for the customer to be able to initiate the transfer. KyleTech aims to action such request within a 24 hour period, however, due to circumstances out of our control, sometimes this period may be longer. Please note that domain transfers can take up to 5 business days to completely transfer across. This is a standard process and cannot be expedited.

In return for registration and management of the domain, the customer will pay KyleTech a nominated amount every 12/24 months dependent on the renewal term of the domain which has been registered.

As a guide, .com and specialty TLD domain names (for example .store or .online) generally require renewal every 12 months. Domain names which use .au or .com.au are typically renewed every 24 months.

When domains are due for renewal, the customer will be issued an invoice prior to the expiration date. Payment must be received prior to the domain expiring otherwise the domain will not be renewed and all associated services will cease to operate.

To cancel a domain renewal, a customer must contact KyleTech in writing, two months prior to the domain expiry, outlining the request. Once the request has been received, please allow 24-48 hours (business days only) for your request to be processed.

KyleTech Standard Web Hosting

KyleTech provides a web hosting service to clients who require a location to host their website. We use quality infrastructure which enables us to host your website at an affordable price. Renewals are sent out to clients every 12 months at a charge of $170.00 including GST. Invoices issued must be paid before the due date to avoid potential service disruption.

As part of our service offering, we ensure that clients have up to date login details to manage their cPanel account. We manage the servers which your site resides on and ensure that they remain up to date and any issues are addressed. However, we are not responsible for the actual websites which reside on our servers nor the maintenance or upkeep of such websites. These tasks are to be carried out by the customer themselves or a qualified appointed web developer/designer of the customer’s choosing.

If a website becomes infected by some means, KyleTech will notify its clients and advise of the necessity to remedy the issue as soon as possible. In the event that an infection compromises the integrity of our servers, KyleTech reserves the right to temporarily suspend your website entirely to ensure that the infection does not spread. We recommend ensuring that your website is regularly maintained and kept up to date to ensure such infections do not occur.

All websites hosted on KyleTech web servers are automatically setup with an included basic SSL certificate for peace of mind.

KyleTech VPS Hosting

For customers with websites that contain large volumes of multimedia content or require high bandwidth, KyleTech offers clients the option to have their website stored on our VPS Servers. These servers are optimised for larger websites and provide a better user experience for those that visit such websites.

As these servers operate at a higher specification than our standard web hosting servers, they attract a monthly ongoing fee of $40.00 including GST. Invoices related to VPS hosting require a direct debit to be setup from a bank account or credit card to facilitate payment each month. Please refer to Payment Fees under Processing & Storing of Sensitive Payment Information (above).

KyleTech ensures that VPS customers will have valid login details to manage their cPanel account. We manage the servers which your site resides on and ensure that they remain up to date and any issues are addressed. However, we are not responsible for the actual websites which reside on our servers nor the maintenance or upkeep of such websites. These tasks are to be carried out by the customer themselves or a qualified appointed web developer/designer of the customer’s choosing.

If a website becomes infected by some means, KyleTech will notify its clients and advise of the necessity to remedy the issue as soon as possible. In the event that an infection compromises the integrity of our servers, KyleTech reserves the right to temporarily suspend your website entirely to ensure that the infection does not spread. We recommend ensuring that your website is regularly maintained and kept up to date to ensure such infections do not occur.

All websites hosted on KyleTech VPS servers are automatically setup with an included basic SSL certificate for peace of mind.

Software Licensing

Splashtop Remote Access

  1. Users who subscribe to the Splashtop Remote Access will receive a licence which entitles them to access any two machines which they own from a remote computer.
  2. The licence is provided to the client by KyleTech and is renewable on an annual basis at a cost of $99 including GST.
  3. At the time of renewal, an invoice will be generated for the client which is to be paid within 7 days of issue date in order to continue utilising the subscription.

Emsisoft Antivirus

  1. Users who purchase the Emsisoft Antivirus software will receive a licence which entitles them to install the software on their personal computing devices.
  2. Licences provided will be dependent on the number of computers which require coverage and primary role of the machine (i.e home use or business use).
  3. Costs incurred will range from $55 inc GST to $120 inc GST for home users and $60 inc GST per computer for business use. The appropriate licencing is determined based on liaison with the client.
  4. The software licence is provided to the client by KyleTech and is renewable on an annual basis at the rates indicated above.
  5. At the time of renewal, an invoice will be generated for the client which is to be paid within 7 days of issue date in order to continue utilising the subscription.

Payment & Billing Policy

  1. All invoices require payment at completion of service. Only customers with approved credit are entitled to seven day payment terms.
  2. Accepted methods of payment are cash, direct deposit (bank transfer) and credit card (a processing fee will automatically be calculated when paying using this method). Cheques are not accepted.
  3. Customers to which credit is extended must pay the invoice total within seven calendar days of the invoice date. Five calendar days after the payment due date has passed, a late fee equivalent to 2% of the invoice total will be added unless a satisfactory explanation is provided. Customers with outstanding invoices will be denied service until accounts have been settled.
  4. Service charges commence from the agreed appointment time, even if the client is not present at that time. For example, if the appointment is at 12pm but the client does not arrive until 12:30pm, the client will be charged from 12pm as this was the pre-arranged appointment time
  5. Any cancellations or modifications to a client’s appointment time must be advised within a minimum of four hours of that appointment time. Insufficient notice may result in a fee equivalent to the minimum hourly rate being invoiced to the client for payment.
  6. A fee equal to the standard hourly rate plus any applicable call out fees will be charged to the client if they do not present for their agreed appointment time.
  7. The cost for our services is inclusive of labour only. Any necessary software or hardware which is required in providing service to the client is at additional cost.
  8. If we identify a solution to your problem and you choose not to implement that solution, we have met our obligation to diagnose your problem and will require payment. KyleTech does not have a no fix / no fee policy.
  9. Continually unpaid invoices may result in temporary suspension of service until all accounts are finalised.
  10. Failure to pay invoices or withholding payment without satisfactory explanation will result in legal action being pursued against the client and cessation of the client’ s service indefinitely.
  11. The client is liable for all monies (including but not limited to Solicitors costs, Court costs and disbursements) expended by KyleTech in recovering payment of any unpaid invoice.

Processing & Storing of Sensitive Payment Information

KyleTech utilises the services of online payment processor, Pinch Payments, to facilitate payment of invoices. This entity is a tier-one PCI DSS compliant merchant provider which utilises the highest level of encryption available to protect and encrypt sensitive financial data.

KyleTech does NOT store or retain sensitive payment information pertaining to our customers at any time or under any circumstances.

Payment Fees

Please note the following fees may apply depending on your billing arrangements with KyleTech:

Bank Accounts

Transaction Fee: $0.00

Dispute Fee: $25.00

A dispute fee will be charged if you dispute a valid transaction or make a claim that it is fraudulent with your banking institution.

Declined payment fee: $5.00

A declined payment fee will be charged if collection of payment from a bank account fails.

Credit Cards

Transaction fees associated with card payments are as follows:

Domestic VISA/Mastercard fee: 1.95% + 30c

Domestic AMEX fee: 2.5% + 30c

International Card fee: 3.9% + 30c

Dispute Fee: $35

A dispute fee will be charged if you dispute a valid transaction or make a claim that it is fraudulent with your banking institution.

Service Disclaimer

  1. KyleTech accepts no liability for loss, corruption or modification of data which exists on the customer’s computer. It is the responsibility of the client to backup all important data. KyleTech provides a data backup service, however, this is at additional cost to the customer.
  2. KyleTech reserves the right to refuse and/or terminate service at its discretion without notice.
  3. KyleTech assumes no responsibility for failure to read and adhere to these terms and conditions.

Use of this website

Please read these Terms and Conditions of Use carefully before using this website:

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern KyleTech’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to KyleTech and “You” and “Your” refers to you, the client, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and KyleTech’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that KyleTech is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), KyleTech’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

LINKS TO OTHER WEBSITES

KyleTech may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between KyleTech and the owners of those websites. KyleTech takes no responsibility for any of the content found on the linked websites.

KyleTech’s website may contain information provided by third parties for which KyleTech accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, KyleTech absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. KyleTech gives no warranty that the documents will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of KyleTech to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website. It is your responsibility to do so.

YOUR PRIVACY

At KyleTech, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. KyleTech respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. KyleTech’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data KyleTech collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

KyleTech does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

KyleTech may be required, in certain circumstances, to disclose information in good faith and where KyleTech is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of KyleTech, its customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of KyleTech. KyleTech expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then KyleTech will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use.

KyleTech reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that you may download from time to time on this website.

KyleTech expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and KyleTech concerning your use and access to KyleTech’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and KyleTech that results in litigation then you must submit to the jurisdiction of the courts of NSW.