1.1 Definitions

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the meanings set out below:

“PC Medic”, “We”, “Us”, “Our”

means Bell IT Pty Ltd (ACN/ABN as applicable) as Trustee for The Bell Family Trust, ABN 33 515 979 510, trading as PC Medic, of Suite 72, C307, Level 3, Eastland Shopping Centre, 175 Maroondah Highway, Ringwood VIC 3134, and includes its directors, officers, employees, agents, contractors, and authorised representatives.

“Client”, “Customer”, “You”, “Your”

means any natural person, company, partnership, trust, association, or other entity that engages or seeks to engage PC Medic to provide Services, whether in person, by telephone, online, or by any other means.

“Services”

means all services provided or offered by PC Medic, including but not limited to hardware repair, software troubleshooting and installation, virus and malware removal, data recovery and transfer, IT support and consulting, network configuration, system upgrades, device setup, remote support, and any other related services as offered by PC Medic from time to time.

“Equipment” or “Device”

means any computer, laptop, notebook, ultrabook, desktop, all-in-one, mobile phone, smartphone, tablet, server, network-attached storage device, external hard drive, solid-state drive, USB storage device, peripheral device, monitor, printer, or any other electronic or computing device submitted to PC Medic for Service.

“Parts”

means any replacement components, hardware modules, accessories, cables, adapters, or consumables supplied by PC Medic as part of a repair or service engagement.

“Data”

means any and all digital content, electronic files, documents, photographs, videos, audio files, databases, emails, contacts, software applications, operating systems, configuration settings, system files, or any other information stored on or accessible through Customer Equipment, in any format.

“Quote” or “Estimate”

means an indicative price provided by PC Medic for proposed Services. Unless a Quote is expressly stated in writing to be a fixed-price quotation, all Quotes are non-binding estimates only and the final Service Fee may differ from the quoted or estimated amount.

“Service Fee”

means the total amount payable by the Customer for all Services rendered, Parts supplied, storage fees accrued, interest charges applied, and any other charges arising under these Terms and Conditions.

“First Notification Date”

means the date on which PC Medic first attempts to contact the Customer (by email, SMS, voicemail, or any other means) to advise that the Equipment is ready for collection, that diagnostics are complete, that a Quote is ready for review, or that any action or decision is required from the Customer in respect of the Service.

“Dispose” or “Disposal”

means any one or more of the following actions taken by PC Medic at its sole and absolute discretion in respect of unclaimed, abandoned, or forfeited Equipment:

1. Sale by PC Medic, whether by private sale, online listing (including auction platforms), or public auction;
2. Recycling or e-waste disposal through an appropriately licensed facility;
3. Donation to a registered charitable organisation;
4. Cannibalisation for parts, meaning the removal and use of serviceable components in other repairs or for stock purposes;
5. Destruction or secure disposal, including physical destruction or certified data destruction;
6. Any other means of disposal that PC Medic, at its sole discretion, deems appropriate in the circumstances.

“Cleared Funds”

means funds that have been irrevocably received into PC Medic’s nominated bank account, or that have been successfully processed via credit or debit card transaction, with no pending holds, disputes, reversals, chargebacks, or other encumbrances. A payment is not considered to be in Cleared Funds until the funds are unconditionally and irrevocably available to PC Medic.

1.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

1. Words importing the singular include the plural and vice versa, and words importing a gender include every other gender.
2. Headings, sub-headings, and the Table of Contents are included for convenience of reference only and do not affect the interpretation of these Terms and Conditions.
3. A reference to any legislation, statute, regulation, or statutory instrument includes any amendment, re-enactment, consolidation, or replacement of that legislation, and any subordinate legislation or regulations made under it.
4. The word “including” and similar expressions (such as “includes”, “for example”, “such as”, and “in particular”) are not words of limitation and do not limit the generality of any preceding words, descriptions, definitions, phrases, or terms.
5. A reference to “writing” or “written” includes email and SMS unless expressly stated otherwise.
6. Where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.
7. A reference to a “day” means a calendar day unless expressly stated to be a “business day”, in which case it means a day other than a Saturday, Sunday, or public holiday in the State of Victoria, Australia.

2.1 Binding Agreement

These Terms and Conditions constitute a legally binding agreement between the Customer and PC Medic. By engaging PC Medic to provide any Service — whether verbally, in writing, online, in person, by telephone, or by any other means — the Customer agrees to be bound by these Terms and Conditions in their entirety.

2.2 Deemed Acceptance

The Customer is deemed to have accepted these Terms and Conditions upon the earliest occurrence of any of the following:

1. Delivering or submitting any Equipment to PC Medic for service, diagnosis, assessment, or repair;
2. Verbally or in writing requesting PC Medic to perform any Service;
3. Authorising PC Medic to commence work, including by accepting a Quote or providing instructions to proceed;
4. Permitting PC Medic to access any system, device, or network remotely or in person for the purpose of providing Services;
5. Making any payment to PC Medic in respect of Services.

2.3 Applicable Version

The version of these Terms and Conditions in force at the time the Equipment is booked in for service, or the Service is first requested, shall govern the contract for that specific service engagement. It is the Customer’s responsibility to review the current Terms and Conditions prior to engaging PC Medic’s Services. The current version is always available at pcmedic.com.au/terms.html or upon request.

2.4 Precedence of Written Terms

These written Terms and Conditions override and supersede any verbal representations, promises, assurances, or statements made by any PC Medic employee, agent, contractor, or representative, whether made before, during, or after the engagement of Services, unless such representations are expressly confirmed in writing by PC Medic. The Customer acknowledges that they have not relied upon any verbal statement that is not reflected in these written Terms and Conditions.

3.1 Services Offered

PC Medic provides Services limited to, but including, hardware repair and replacement, software troubleshooting and installation, virus and malware removal, data recovery and migration, system setup and configuration, IT support and consulting, network configuration and troubleshooting, and such other related services as PC Medic may offer from time to time.

3.2 Right to Refuse Service

PC Medic reserves the right, at its absolute and sole discretion, to refuse to provide any Service, or to refuse to accept any Equipment for service, without obligation to provide reasons for such refusal. This right applies at any stage, including after initial assessment or diagnostic work has commenced.

3.3 Right to Subcontract

PC Medic reserves the right to subcontract any part of the Services to a qualified third-party provider without prior notice to, or consent from, the Customer. PC Medic remains the Customer’s primary point of contact and responsible party for the provision of the Services, subject to these Terms and Conditions.

3.4 Diagnostic Assessments

A diagnostic assessment may be required before PC Medic is able to identify the fault, determine the scope of work, or provide a Quote. The diagnostic assessment is a standalone service in its own right and is separate from any subsequent repair or remedial work.

3.5 Diagnostic Fees

Diagnostic and assessment fees may apply and are payable by the Customer regardless of whether the Customer elects to proceed with repair or any further service. The diagnostic fee compensates PC Medic for the time, expertise, and resources expended in diagnosing the fault and is non-refundable.

4.1 Customer Acknowledgement

The Customer acknowledges and agrees that Equipment submitted to PC Medic for diagnostics, assessment, or repair may have pre-existing damage, defects, structural integrity issues, or failing hardware that may not be immediately apparent upon visual inspection. Such pre-existing conditions include, but are not limited to, brittle or cracked plastic casings, degraded hinges, failing or degraded hard drives or solid-state drives, water or liquid damage (whether past or present), corroded components, swollen or degraded batteries, damaged connectors or ports, and compromised thermal management systems.

4.2 Inherent Risks of Diagnostics and Disassembly

The Customer acknowledges that the diagnostic, testing, and disassembly process carries inherent and unavoidable risks. Opening, handling, testing, powering on, scanning, or otherwise interacting with Equipment may cause pre-existing faults to become apparent, worsen, or result in component failure. PC Medic is not responsible and accepts no liability for any pre-existing cosmetic damage, structural damage, or internal physical faults that become apparent, are exacerbated, or worsen during the course of service.

4.3 Exemption from Liability for Pre-Existing Failures

If a component or Device fails completely during diagnostic testing, scanning, disassembly, or repair as a consequence of its pre-existing condition — including, without limitation, a failing hard drive that ceases to function during a diagnostic scan, a battery that swells or fails during testing, liquid corrosion that causes a short circuit upon power-on, or a screen or casing that fractures during careful disassembly due to pre-existing structural compromise — PC Medic is exempt from liability for such failure. The Customer accepts and assumes all risk associated with the submission of Equipment in a compromised or degraded state.

5.1 No Guarantee

PC Medic does not guarantee that any Device or Equipment can be successfully repaired or restored to full working order. The outcome of any repair is subject to the nature and extent of the fault, the availability of compatible replacement parts, the age and condition of the Equipment, and other factors that may be beyond PC Medic’s reasonable control.

5.2 Beyond Economical Repair

Some Devices may be assessed by PC Medic as being beyond economical repair (BER) or technically unrepairable. A Device is deemed BER where, in PC Medic’s professional assessment, the estimated cost of repair exceeds or approaches the current market value of the Device, or where the nature of the fault renders repair technically impracticable.

5.3 Notification

Where PC Medic determines that a Device cannot be repaired, or that the cost of repair exceeds the value of the Device, PC Medic will advise the Customer accordingly and provide the Customer with available options, which may include returning the Device unrepaired (subject to payment of any applicable diagnostic or assessment fees).

5.4 Diagnostic Fees Remain Payable

Diagnostic and assessment fees remain payable in full regardless of whether the Device can be repaired. The diagnostic assessment is a standalone service that has been performed and consumed, and its value is not contingent upon the outcome of any subsequent repair.

5.5 No Liability for Inability to Repair

PC Medic is not liable for any loss, damage, cost, expense, or inconvenience suffered or incurred by the Customer as a result of PC Medic’s inability to repair or restore any Device or Equipment.

6.1 Cancellation Prior to Commencement of Work

The Customer may cancel a service request at any time before PC Medic has commenced work on the Equipment. However, any diagnostic or assessment fees that have already been incurred are non-refundable and remain payable by the Customer in full.

6.2 Cancellation After Work Has Commenced

Once PC Medic has commenced repair, remedial, or service work on the Equipment (beyond initial diagnostic assessment), cancellation by the Customer is not permitted. If, at PC Medic’s sole and absolute discretion, PC Medic agrees to a cancellation as a gesture of goodwill, a cancellation fee will apply. The cancellation fee will cover all labour costs, diagnostic time, and parts costs incurred by PC Medic up to the point of cancellation, calculated on a pro-rata basis against the quoted amount for the full service. Any Parts that have been ordered specifically for the Customer’s repair, or that have been installed and cannot reasonably be removed and restocked, will be charged in full.

6.3 Authorisation to Exceed Quote

If, during the course of repair, PC Medic discovers that the work required will exceed the quoted amount — whether due to the discovery of additional faults, the need for additional or different parts, or any other reason — PC Medic will seek the Customer’s authorisation before proceeding with the additional work. Authorisation may be given verbally (by telephone) or in writing (by email, SMS, or other written means). If the Customer does not provide authorisation to proceed, PC Medic may cease work and the Customer will be liable for all costs incurred to that point, including labour, diagnostic time, and any Parts already ordered or installed.

6.4 No-Contact Default

If PC Medic is unable to contact the Customer to obtain authorisation to proceed after reasonable attempts (being at least two attempts by different communication methods over a period of at least 48 hours), PC Medic reserves the right to either:

1. Proceed with the work at its professional discretion and charge the Customer accordingly for all work completed and Parts supplied; or
2. Cease work and charge the Customer for all work completed and Parts supplied up to the point at which work was ceased.

In either case, the Equipment will be subject to the storage and collection provisions set out in Section 18 of these Terms and Conditions.

7.1 Authorisation of Remote Access

Where the Customer engages PC Medic to provide remote support services, the Customer explicitly and voluntarily authorises PC Medic to establish one or more remote connections to the Customer’s computer, device, system, or network using remote access software for the purpose of diagnosing faults, performing repairs, installing or configuring software, or providing any other remote support service.

7.2 Customer Responsibility for Security

The Customer is solely responsible for ensuring the security and integrity of their own systems, devices, networks, and data. The Customer must change all passwords, credentials, access tokens, and authentication details that were used, shared, entered, or visible during the remote session immediately upon termination of the remote session. Failure to do so is at the Customer’s own risk.

7.3 Limitation of Liability for Post-Session Events

PC Medic accepts no liability whatsoever for any unauthorised access, security breach, data incident, data loss, malware infection, or any other event occurring on the Customer’s systems or network after the remote support session has been terminated or closed, regardless of the cause.

8.1 Customer Warranty Regarding Licences

The Customer represents and warrants that they are the lawful owner or authorised licensee of valid, legal licences for all software, operating systems, applications, or digital content that the Customer requests PC Medic to install, configure, transfer, activate, or otherwise interact with as part of any Service. The Customer warrants that the installation or use of such software as directed by the Customer will not infringe any copyright, licence agreement, intellectual property right, or other legal right of any third party.

8.2 Indemnification for Software Claims

The Customer indemnifies and holds harmless PC Medic, its directors, officers, employees, agents, and contractors from and against any and all claims, demands, actions, proceedings, losses, damages, costs, expenses, fines, penalties, and liabilities (including legal costs on a solicitor-client basis) arising from or in connection with any allegation of copyright infringement, software piracy, licence violation, or unlawful use of software where such software was supplied by, or installed at the direction of, the Customer.

9.1 Validity of Quotes

Unless otherwise stated in writing, all Quotes provided by PC Medic are valid for a period of fourteen (14) calendar days from the date of issue. After the expiry of this period, PC Medic reserves the right to revise the Quote to reflect current pricing, parts availability, and labour rates.

9.2 Estimates Are Indicative Only

Unless a Quote is expressly stated in writing to be a fixed-price quotation, all Quotes and Estimates are indicative only and are provided as a guide to assist the Customer. Final costs may differ from the estimated amount due to the discovery of additional faults, changes in parts pricing, or variations in the scope of work required. PC Medic will endeavour to advise the Customer of any material variation to the estimated cost before proceeding with additional work, subject to Section 6.

9.3 No Credit

PC Medic does not extend credit to any Customer under any circumstances. All Services are to be paid for in accordance with the payment terms set out in this Section.

9.4 Payment in Cleared Funds Before Release

Payment of the full Service Fee (including any storage fees, interest, and all other charges arising under these Terms and Conditions) must be received by PC Medic in Cleared Funds before any Equipment or Parts will be released to the Customer. No exceptions will be made to this requirement. Equipment will not be released until PC Medic has confirmed that payment has been received in Cleared Funds.

9.5 Accepted Payment Methods

PC Medic accepts payment by the following methods:

1. Credit or debit card: The transaction must be successfully processed and authorised by the card issuer, with no pending holds, disputes, or reversals. Payment is not considered received until the transaction has been successfully settled.
2. Direct bank transfer (EFT): Funds must be received as Cleared Funds into PC Medic’s nominated bank account before collection of Equipment is permitted. The Customer is responsible for any bank transfer fees. Processing times vary by financial institution, and PC Medic is not responsible for delays in the receipt of transferred funds.

9.6 Retention of Possession

All Equipment and Parts remain the property of, and in the physical possession of, PC Medic until the full Service Fee has been paid in Cleared Funds. Title in any Parts supplied by PC Medic does not pass to the Customer until full payment of the Service Fee has been received in Cleared Funds. Until title passes, PC Medic retains a security interest in the Parts.

9.7 Possessory Lien

PC Medic exercises a possessory lien over all Customer Equipment in its possession. PC Medic has no obligation to release any Equipment until all outstanding amounts owed by the Customer to PC Medic have been paid in full in Cleared Funds, regardless of whether the outstanding amounts relate to the specific Equipment being held or to other services previously rendered by PC Medic to the same Customer.

9.8 Late Payment Interest

If any amount payable under these Terms and Conditions is not paid by the due date, interest will accrue on the overdue amount at a rate of ten percent (10%) per annum, calculated daily and compounding monthly, from the due date until the date on which payment is received in Cleared Funds.

9.9 Storage Fees

If Equipment is not collected by the Customer within seven (7) calendar days of the First Notification Date, a storage fee of five dollars ($5.00) per day (inclusive of GST) will accrue for each day (or part thereof) that the Equipment remains in PC Medic’s possession beyond the seven-day grace period. Storage fees accrue continuously, including on weekends and public holidays.

9.10 Debt Recovery Costs

All debt collection costs, legal fees, court filing fees, process server fees, and disbursements incurred by PC Medic in recovering any outstanding amounts from the Customer are recoverable from the Customer on a full indemnity basis (solicitor-client costs). The Customer agrees to pay all such costs in addition to the outstanding amounts owed.

10.1 Services Non-Refundable

All Services provided by PC Medic are non-refundable once rendered. The labour, time, expertise, diagnostic work, and professional skill provided by PC Medic in the course of performing Services are consumed upon performance and cannot be reversed, returned, or undone. This clause does not exclude or limit any remedy the Customer may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) for a failure to comply with a consumer guarantee, and the Customer’s rights under the Australian Consumer Law are not affected.

10.2 Collection Constitutes Acceptance

Collection of Equipment by the Customer, or by any person authorised by the Customer to collect the Equipment on their behalf, constitutes acknowledgement and acceptance by the Customer that the Service has been completed to the Customer’s satisfaction. Any issues, complaints, or claims relating to the quality or completeness of the Service must be raised in writing prior to collection or within the applicable warranty period set out in Section 15.

10.3 Mandatory Dispute Resolution Before Chargeback

The Customer must follow the dispute resolution process set out in Section 23 (Dispute Resolution & Governing Law) of these Terms and Conditions before initiating any chargeback, payment dispute, payment reversal, or third-party claim with any bank, credit card issuer, financial institution, or payment provider. A chargeback or payment dispute initiated by the Customer without first following the dispute resolution process in good faith constitutes a breach of this agreement.

10.4 Chargeback Cost Recovery

If a Customer initiates a chargeback or payment dispute (whether or not the chargeback is ultimately successful), the Customer is liable to PC Medic for:

1. The original Service Fee in full;
2. All chargeback fees, bank administration fees, merchant processing fees, and payment processor penalties imposed on PC Medic as a result of the chargeback or dispute;
3. A reasonable administration fee for the time and resources expended by PC Medic in responding to, managing, and defending the chargeback or dispute;
4. All debt collection costs, legal fees, and disbursements incurred by PC Medic on a full indemnity basis in recovering the amounts owed.

10.5 Re-Invoicing Right

If a chargeback or payment reversal is processed in the Customer’s favour (whether legitimately or otherwise), PC Medic reserves the right to:

1. Re-invoice the Customer for the full Service Fee, together with all chargeback costs, administration fees, and any other amounts owed under these Terms and Conditions;
2. Pursue the outstanding debt through normal debt recovery channels, including the engagement of debt collection agencies and the commencement of legal proceedings; and
3. Report the outstanding debt to credit reporting agencies where permitted by applicable law.

10.6 Fraudulent Chargebacks

A chargeback initiated by a Customer who has collected their Equipment and accepted the completed Service is deemed to be without legitimate basis. PC Medic will dispute all such chargebacks vigorously and will pursue recovery of all amounts owed by the Customer, including all costs and fees set out in this Section, through all available legal and commercial avenues.

11.1 New Parts

Parts supplied by PC Medic as part of a repair or service engagement are almost always new. PC Medic sources Parts from reputable suppliers and distributors to ensure quality and compatibility.

11.2 Refurbished Parts

In some circumstances, PC Medic may offer a refurbished or reconditioned component as an alternative to a new Part, particularly where a new Part is unavailable, discontinued, or where the use of a refurbished Part represents a more cost-effective option for the Customer. Where a refurbished component is offered, the Customer will be informed prior to installation and must provide their consent before installation proceeds.

11.3 Warranty on Parts

Parts supplied by PC Medic carry the applicable manufacturer’s warranty only. PC Medic does not provide any additional warranty on Parts beyond what is required by the Australian Consumer Law. The Customer’s rights under the Australian Consumer Law in respect of Parts are not affected by this clause.

12.1 Customer Responsibility for Data Backup

It is the Customer’s sole and exclusive responsibility to ensure that all Data stored on Equipment submitted to PC Medic is fully backed up and securely copied to a separate storage location prior to submitting the Equipment for service. This obligation applies without exception and regardless of the nature of the Service being performed.

12.2 No Liability for Data Loss

To the maximum extent permitted by law, PC Medic accepts no liability whatsoever for the loss, corruption, damage, alteration, or destruction of any Data stored on, accessible through, or associated with Customer Equipment, howsoever caused, including (without limitation) as a result of hardware failure, software failure, human error, power failure, testing procedures, reformatting, component replacement, or any other event occurring during or after the provision of Services.

12.3 Data Recovery — Best Efforts Only

Where PC Medic provides data recovery services, such services are provided on a best-efforts basis only. PC Medic does not guarantee the successful recovery of any Data, in whole or in part, regardless of the cause of Data loss. The success of data recovery depends on numerous factors outside PC Medic’s control, including the nature and extent of the damage, the condition of the storage media, and whether the Data has been overwritten.

12.4 Incidental Data Exposure

The Customer acknowledges and agrees that in the normal course of diagnostics, troubleshooting, repair verification, system testing, file integrity testing, software installation, and quality assurance, it is technically impossible for PC Medic technicians to entirely avoid the display of file directories, folder structures, system logs, file names, file thumbnails (including image previews), PDF previews, document snippets, desktop contents, browser history, email subject lines, application data, or other Data. Certain Customer requests may inherently require the opening of files, applications, or system utilities that will reveal Customer Data. The Customer explicitly consents to this incidental viewing of Data as a necessary and unavoidable part of the Service. The Customer is responsible for removing or securing any sensitive, confidential, personal, or privileged Data prior to submitting Equipment for service, or for notifying PC Medic in writing of the presence of such Data at the time of booking.

12.5 Data Recovery Temporary Storage

Where PC Medic performs data recovery services, recovered Data may be temporarily stored on PC Medic’s secure in-house systems for the purpose of transferring the recovered Data to the Customer’s nominated storage medium. PC Medic will endeavour to securely erase all temporary copies of recovered Data from its systems within thirty (30) calendar days of the Customer collecting the recovered Data or the storage medium containing the recovered Data. PC Medic is not liable for the integrity, completeness, or usability of recovered Data once it has been collected by the Customer. Temporary storage of recovered Data is provided as a best-efforts service continuity safeguard only and does not constitute a data storage, archival, or backup service.

13.1 Acknowledgement of Consumer Guarantees

Nothing in these Terms and Conditions purports to exclude, restrict, or modify, or has the effect of excluding, restricting, or modifying, any consumer guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any corresponding State or Territory legislation, to the extent that such exclusion, restriction, or modification is prohibited or void under section 64 of the Australian Consumer Law.

13.2 Limitation Under Section 64A

Where the Services or goods supplied by PC Medic are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, PC Medic’s liability for any breach of a consumer guarantee (other than a guarantee under sections 51, 52, or 53 of the Australian Consumer Law) is limited, at PC Medic’s election, to:

1. In the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired;
2. In the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.

13.3 Aggregate Liability Cap

Subject to Section 13.1, PC Medic’s total aggregate liability to the Customer (whether in contract, tort (including negligence), statute, equity, or otherwise) arising out of or in connection with any service engagement shall not, under any circumstances, exceed the total Service Fee actually paid by the Customer to PC Medic for the specific service giving rise to the claim. This cap applies to all claims arising from or related to the same service engagement, whether brought individually or in aggregate.

13.4 Exclusion of Consequential and Indirect Loss

To the maximum extent permitted by law, and subject to Section 13.1, PC Medic excludes all liability for, and the Customer waives any claim for, the following categories of loss or damage, howsoever arising and regardless of the cause of action:

1. Loss, corruption, damage, or destruction of Data (subject to Section 12);
2. Loss of profits, revenue, income, or anticipated savings;
3. Loss of business, contracts, commercial opportunities, or goodwill;
4. Business interruption, downtime, or loss of productivity;
5. Cost of procuring substitute equipment, software, or services;
6. Any indirect, incidental, special, consequential, exemplary, or punitive loss or damage of any kind whatsoever.

13.5 Power Surge and Electrical Event Disclaimer

PC Medic is not liable for any damage to Equipment caused by power surges, electrical faults, voltage fluctuations, brownouts, blackouts, lightning strikes, or other electrical events, whether occurring at PC Medic’s premises, the Customer’s premises, or during transit. The Customer acknowledges that electronic Equipment is inherently susceptible to damage from electrical events and that such events are outside PC Medic’s reasonable control.

13.6 Cumulative Cap and Severability

The limitations and exclusions of liability set out in this Section 13 apply irrespective of the cause of action (whether in contract, tort, statute, equity, or otherwise) and are cumulative. They apply to each claim individually and in aggregate. If any limitation or exclusion in this Section is held to be invalid, void, or unenforceable (including under the unfair contract terms regime in Part 2-3 of the Australian Consumer Law), that specific limitation or exclusion is severed to the minimum extent necessary, and all remaining limitations and exclusions continue in full force and effect.

13.7 Time Bar on Claims

Any claim by the Customer relating to Services provided by PC Medic must be notified to PC Medic in writing within fourteen (14) calendar days of the completion of the Service or the date on which the Customer became aware (or ought reasonably to have become aware) of the grounds for the claim, whichever is earlier. Failure to notify PC Medic within this period shall constitute an irrevocable waiver of the claim by the Customer, to the maximum extent permitted by law. This clause does not apply to claims brought under the consumer guarantee provisions of the Australian Consumer Law.

14.1 Application of Consumer Guarantees

PC Medic acknowledges that the Services it provides to consumers (as defined in the Australian Consumer Law) come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions is intended to exclude, restrict, or modify those guarantees.

14.2 Guarantee of Due Care and Skill

In accordance with section 60 of the Australian Consumer Law, PC Medic guarantees that Services will be rendered with due care and skill. This means that PC Medic will perform Services to a standard that a reasonable person would regard as acceptable, having regard to the nature of the Service, the price paid, and any representations made by PC Medic.

14.3 Guarantee of Fitness for Purpose

In accordance with section 61 of the Australian Consumer Law, where the Customer makes known to PC Medic any particular purpose for which the Services are being acquired, or any result that the Customer wishes the Services to achieve, PC Medic guarantees that the Services will be reasonably fit for that purpose or will be of such a nature and quality that they might reasonably be expected to achieve that result, unless the circumstances show that the Customer did not rely on, or that it was unreasonable for the Customer to rely on, PC Medic’s skill or judgment.

14.4 Guarantee of Reasonable Time

In accordance with section 62 of the Australian Consumer Law, where no time for supply of the Services is fixed by the contract, or is to be determined in a manner agreed between PC Medic and the Customer, PC Medic guarantees that the Services will be supplied within a reasonable time. What constitutes a reasonable time depends on the nature and complexity of the Service, the availability of Parts, and other relevant circumstances.

14.5 Remedies

If PC Medic fails to comply with a consumer guarantee, the Customer may be entitled to a remedy under the Australian Consumer Law. The remedy available depends on whether the failure is a major failure or a minor failure:

1. Major failure: A major failure in relation to services means the services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; the services are substantially unfit for a purpose for which services of the same kind are commonly supplied and cannot easily and within a reasonable time be remedied to make them fit for such a purpose; or the services are not of such a nature and quality as a reasonable consumer would regard as acceptable. In the case of a major failure, the Customer may cancel the service contract and obtain a refund, or seek compensation for the difference between the value of the services received and the price paid.
2. Minor failure: Where the failure does not amount to a major failure, PC Medic is entitled to choose to remedy the failure within a reasonable time. If PC Medic refuses or fails to remedy the failure within a reasonable time, the Customer may have the failure remedied elsewhere and recover reasonable costs from PC Medic, or cancel the service contract and obtain a refund.

15.1 Warranty Period

PC Medic provides a warranty on the labour and workmanship component of its repair services for a period of ninety (90) calendar days from the date of completion of the repair (“Warranty Period”). This warranty covers only the specific fault that was the subject of the repair and the specific work performed by PC Medic in remedying that fault.

15.2 Scope of Warranty

The warranty provided under this Section covers defects in workmanship attributable to PC Medic’s repair work. If the same fault recurs within the Warranty Period as a direct result of PC Medic’s workmanship, PC Medic will, at its sole discretion, re-perform the repair or provide an appropriate remedy at no additional charge to the Customer. This warranty does not extend to new or unrelated faults, different components, or issues arising from causes other than PC Medic’s workmanship.

15.3 Warranty Exclusions

The warranty provided under this Section is void and does not apply if any of the following conditions exist:

1. The Equipment has been opened, modified, tampered with, or repaired by any third party (other than PC Medic) after PC Medic’s repair was completed;
2. The fault or damage was caused by misuse, abuse, neglect, accident, physical impact, liquid or moisture exposure, power surges, voltage fluctuations, lightning, or acts of nature;
3. The fault relates to unrelated software issues, including operating system corruption, virus or malware infection, or software conflicts that are not attributable to PC Medic’s repair work;
4. The fault is attributable to fair wear and tear, including the natural degradation of components over time;
5. The Customer has failed to follow any post-repair instructions or recommendations provided by PC Medic, and such failure contributed to the recurrence of the fault or the occurrence of the new fault.

15.4 Warranty Claims Process

All warranty claims must be made in writing (by email or in person) within the Warranty Period. The Customer must provide a clear description of the fault, proof of the original repair (such as the original invoice or job reference number), and must return the Equipment to PC Medic for assessment. PC Medic will assess the warranty claim and advise the Customer of the outcome within a reasonable time.

15.5 Parts Warranty

Parts supplied by PC Medic carry the applicable manufacturer’s warranty only. PC Medic does not provide any warranty on Parts beyond the manufacturer’s warranty and the consumer guarantees provided by the Australian Consumer Law.

16.1 Risk of Loss in Transit

The Customer bears all risk of loss, damage, theft, or destruction of Equipment during transit to or from PC Medic’s premises, whether the Equipment is transported by the Customer, a courier, a postal service, a freight carrier, or any other third party. PC Medic is not liable for any loss or damage occurring during transit, regardless of the cause.

16.2 Carrier Damage

PC Medic is not liable for any damage to Equipment caused by any carrier, courier, postal service, freight company, or third-party delivery service. Any claim for damage in transit must be made by the Customer directly against the relevant carrier or the Customer’s transit insurer.

16.3 Insurance

The Customer is solely responsible for arranging and maintaining adequate insurance coverage for Equipment during transit to and from PC Medic’s premises. PC Medic strongly recommends that the Customer insure all Equipment for its full replacement value during transit.

16.4 Commencement and Cessation of PC Medic’s Responsibility

PC Medic’s responsibility for the physical safety and security of Customer Equipment commences only upon physical receipt and acceptance of the Equipment at PC Medic’s premises, and ceases upon physical release of the Equipment from PC Medic’s premises to the Customer, the Customer’s authorised representative, or a carrier or courier arranged by the Customer.

17.1 Provision of Contact Details

The Customer must provide at least one valid electronic contact method — being either a current email address or a current mobile telephone number — at the time of booking in Equipment or engaging Services. The provision of valid electronic contact details is a condition of PC Medic accepting the service engagement. PC Medic may decline to accept Equipment or commence Services if valid electronic contact details are not provided.

17.2 Consent to Electronic Notices

The Customer consents to receiving all notices, communications, invoices, quotes, updates, and other correspondence from PC Medic by electronic means, including email, SMS, and voicemail. The Customer waives any expectation of receiving postal or physical mail correspondence from PC Medic, and agrees that electronic communication is the sole and sufficient means of notice under these Terms and Conditions.

17.3 Deemed Service of Notices

Any notice, communication, or correspondence from PC Medic is deemed to have been validly served and received if sent by email to the email address provided by the Customer, sent by SMS to the mobile number provided by the Customer, or left as a voicemail message on the mobile or telephone number provided by the Customer.

17.4 Deemed Receipt

A notice is deemed to have been received by the Customer on the date and at the time the email or SMS is sent by PC Medic, or the voicemail is left by PC Medic, regardless of whether the notice is actually received, read, opened, listened to, downloaded, or acknowledged by the Customer. PC Medic is not required to obtain confirmation of receipt or read receipts.

17.5 Delivery Failures

PC Medic is not responsible for any failure in the delivery of electronic notices caused by the Customer’s email provider, mobile carrier, internet service provider, or any other third party, including (without limitation) delivery failures caused by changed email addresses or phone numbers, disconnected or suspended services, full inboxes or mailboxes, spam filters or junk mail folders, blocked numbers or contacts, email server downtime, carrier network issues, or any other matter outside PC Medic’s reasonable control.

17.6 Obligation to Update Contact Details

The Customer has an ongoing obligation to notify PC Medic promptly of any changes to their contact details, including changes to email addresses, mobile telephone numbers, or other contact information. Failure by the Customer to update their contact details does not invalidate any notice sent by PC Medic to the last contact details provided by the Customer, and such notice is deemed validly served in accordance with this Section.

18.1 Payment Obligation

Where a Quote has been accepted and the Service has been completed, the full Service Fee, together with any accrued storage fees and interest, remains owing by the Customer regardless of whether the Customer collects the Equipment. The Customer cannot collect Equipment without first paying all outstanding amounts in Cleared Funds in accordance with Section 9.

18.2 Disposal Rights

PC Medic’s right to Dispose of unclaimed or abandoned Equipment is governed by Part 4.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and is exercised in accordance with the following value-based tiers:

18.3 Low Value Goods (Valued Under $200)

Where the estimated value of the unclaimed Equipment is less than two hundred dollars ($200), PC Medic may Dispose of the Equipment after giving the Customer at least twenty-eight (28) calendar days’ written notice of its intention to Dispose of the Equipment. The notice will be served electronically in accordance with Section 17.

18.4 Medium Value Goods (Valued Between $200 and $4,999)

Where the estimated value of the unclaimed Equipment is between two hundred dollars ($200) and four thousand nine hundred and ninety-nine dollars ($4,999) (inclusive), PC Medic must retain the Equipment for a minimum of twenty-eight (28) calendar days before issuing a written notice of intended Disposal. Following the issue of such notice, the Customer has a further twenty-eight (28) calendar days to collect the Equipment (subject to payment of all outstanding amounts in Cleared Funds). If the Equipment is not collected within this period, PC Medic may Dispose of the Equipment. The total minimum holding period before Disposal is therefore fifty-six (56) calendar days.

18.5 High Value Goods (Valued at $5,000 and Over)

Where the estimated value of the unclaimed Equipment is five thousand dollars ($5,000) or more, PC Medic will not Dispose of the Equipment without first obtaining a court order or an order from the Victorian Civil and Administrative Tribunal (VCAT) authorising the Disposal, in accordance with the applicable legislation.

18.6 Service of Disposal Notices

All notices of intended Disposal will be served electronically in accordance with Section 17 (Notices & Communication). The deemed receipt provisions in Section 17.4 apply to all Disposal notices.

18.7 Application of Sale Proceeds

Where PC Medic Disposes of Equipment by way of sale, the proceeds of sale will be applied in the following order of priority:

1. Outstanding Service Fees owed by the Customer;
2. Accrued storage fees;
3. Accrued interest on overdue amounts;
4. Costs and expenses of Disposal (including advertising, listing fees, commission, and administration costs);
5. Any surplus remaining after the application of the above amounts will be held by PC Medic for the benefit of the Customer, as required by law, and may be claimed by the Customer upon request. If the surplus is not claimed within a reasonable period, it will be dealt with in accordance with the applicable unclaimed money legislation.

18.8 Strict No-Reset Clause

All holding periods and notice periods under this Section run continuously from the First Notification Date and are calculated by reference to calendar days. Unilateral contact by the Customer (including inquiries, requests for updates, partial communications, or expressions of intent to collect) does not stop, pause, toll, reset, or restart any holding period, notice period, or Disposal timeline under this Section. Timelines may only be extended if PC Medic explicitly agrees to an extension in writing and specifies a new collection date. If PC Medic agrees to an extension:

1. Storage fees continue to accrue during the extension period at the rate set out in Section 9.9;
2. If the Customer fails to collect the Equipment by the agreed extended collection date, the Equipment is immediately deemed abandoned without the need for any further notices, and PC Medic may proceed to Dispose of the Equipment forthwith in accordance with this Section.

19.1 Legal Compliance

PC Medic operates in compliance with all applicable Commonwealth and State legislation, including the Crimes Act 1958 (Vic), the Criminal Code Act 1995 (Cth), and all other relevant laws and regulations. PC Medic is committed to conducting its business lawfully, ethically, and with integrity.

19.2 Mandatory Reporting

In the course of providing Services, if PC Medic or any of its employees, agents, or contractors encounters, discovers, or reasonably suspects the presence of illegal material on Customer Equipment — including, without limitation, child exploitation material, material depicting the abuse of minors, or any other content that is illegal to possess or distribute under Commonwealth or State law — PC Medic is required by law to report such material to the relevant law enforcement authorities. PC Medic will comply with all mandatory reporting obligations and will cooperate fully with law enforcement agencies in respect of any investigation.

19.3 No Liability for Good-Faith Reporting

The Customer acknowledges and agrees that PC Medic, its directors, officers, employees, agents, and contractors shall have no liability to the Customer for any disclosure made in good faith to law enforcement authorities, regulatory bodies, or any other relevant authority in compliance with, or in the reasonable belief of compliance with, any legal obligation or duty. This includes, without limitation, liability for any delay in the provision of Services, any retention of Equipment by law enforcement, or any other consequence arising from such disclosure or reporting.

20.1 Customer Indemnity

The Customer indemnifies and agrees to keep indemnified and hold harmless PC Medic, its directors, officers, employees, agents, contractors, and authorised representatives (collectively, the “Indemnified Parties”) from and against all claims, demands, actions, proceedings, suits, losses, damages, liabilities, costs, charges, expenses, fines, penalties, and disbursements (including legal costs and disbursements on a full indemnity solicitor-client basis) which any Indemnified Party may suffer, incur, or become liable for, arising out of or in connection with any of the following:

1. Any breach by the Customer of any term, condition, warranty, or representation contained in these Terms and Conditions;
2. Any negligent, reckless, wilful, or unlawful act or omission of the Customer;
3. Any claim by any third party arising from or in connection with software licensing, copyright infringement, or intellectual property rights in respect of software or content supplied by, or installed at the direction of, the Customer;
4. Any claim by any third party arising from or in connection with Data, software, content, or information stored on or accessible through the Customer’s Equipment;
5. Any inaccurate, misleading, false, or incomplete information provided by the Customer to PC Medic;
6. Any chargeback, payment dispute, payment reversal, or payment claim initiated by the Customer or any person acting on the Customer’s behalf, including all chargeback fees, administration fees, bank fees, processor fees, and costs of defending or responding to such chargebacks or disputes.

20.2 Survival

The indemnification obligations set out in this Section survive the completion, termination, or expiry of the service engagement and continue in full force and effect indefinitely.

21.1 Force Majeure Events

PC Medic shall not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure results from circumstances beyond PC Medic’s reasonable control (“Force Majeure Event”). A Force Majeure Event includes, but is not limited to:

1. Natural disasters, including earthquakes, floods, storms, bushfires, cyclones, tsunamis, or volcanic eruptions;
2. Epidemics, pandemics, quarantine restrictions, or public health emergencies;
3. Acts of war, terrorism, civil unrest, riots, insurrection, or armed conflict;
4. Government orders, directives, sanctions, embargoes, lockdowns, or regulatory actions;
5. Supply chain disruptions, parts shortages, shipping delays, or supplier failures;
6. Power outages, electrical failures, or interruptions to electricity supply;
7. Internet or telecommunications outages or disruptions;
8. Industrial disputes, strikes, lockouts, or labour shortages;
9. Cyberattacks, ransomware, distributed denial-of-service attacks, or other malicious interference with IT systems;
10. Any other event or circumstance beyond PC Medic’s reasonable control.

21.2 Effect of Force Majeure

If a Force Majeure Event occurs, PC Medic’s obligations under these Terms and Conditions are suspended for the duration of the Force Majeure Event. PC Medic will use reasonable endeavours to mitigate the effects of the Force Majeure Event and to resume performance of its obligations as soon as reasonably practicable.

22.1 Intellectual Property

All content published on the PC Medic website (pcmedic.com.au), including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, data compilations, page layout, underlying code, and software, is the intellectual property of PC Medic (or its licensors) and is protected by Australian copyright law, trademark law, and applicable international intellectual property conventions. All rights are reserved.

22.2 General Information Only

All content published on the PC Medic website is provided for general information purposes only. It does not constitute professional advice, technical advice, legal advice, financial advice, or any other form of advice upon which the reader should rely. The Customer should seek independent professional advice before taking any action based on information obtained from the website.

22.3 No Warranties on Website Content

While PC Medic endeavours to ensure the accuracy, completeness, and currency of the information published on its website, PC Medic makes no representations, warranties, or guarantees (whether express or implied) as to the accuracy, completeness, currency, reliability, suitability, or availability of any information, content, products, or services offered on or through the website.

22.4 Limitation of Liability for Website Content

To the maximum extent permitted by law, PC Medic is not liable for any loss, damage, cost, or expense (whether direct, indirect, incidental, consequential, or otherwise) arising from or in connection with the use of, or reliance upon, any content, information, or material published on the PC Medic website.

22.5 Prohibited Use

No part of the PC Medic website may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, adapted, or commercially exploited in any form or by any means without the prior written consent of PC Medic. Unauthorised use of the website or its content may give rise to a claim for damages and may constitute a criminal offence.

22.6 Modification and Availability

PC Medic reserves the right to modify, suspend, or discontinue any aspect of the website (including the availability of any features, content, or services) at any time and without prior notice. PC Medic is not liable to the Customer or any third party for any modification, suspension, or discontinuance of the website.

23.1 Good-Faith Negotiation

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, or the Services provided by PC Medic (including any question regarding the existence, validity, interpretation, performance, breach, or termination of these Terms and Conditions), the parties must first attempt to resolve the dispute through good-faith negotiation. The party raising the dispute must give written notice to the other party, setting out the nature of the dispute and the resolution sought. The parties will then use their best endeavours to negotiate a resolution within fourteen (14) calendar days of the date of the dispute notice (“Negotiation Period”).

23.2 Mediation

If the dispute is not resolved through good-faith negotiation within the Negotiation Period, the parties agree to submit the dispute to mediation administered by the Resolution Institute (or its successor body) before commencing any court proceedings. The mediation will be conducted in Melbourne, Victoria, in accordance with the Resolution Institute’s mediation rules in force at the time of the mediation. The costs of the mediation (including the mediator’s fees) will be shared equally between the parties, with each party bearing its own legal and other costs of participating in the mediation.

23.3 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria and the applicable laws of the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, including the Magistrates’ Court of Victoria, the County Court of Victoria, the Supreme Court of Victoria, and any courts competent to hear appeals therefrom, and the Federal Court of Australia.

23.4 Preservation of Rights

Nothing in this Section prevents either party from seeking urgent injunctive, declaratory, or other interlocutory relief from a court of competent jurisdiction at any time.

24.1 Severability

If any provision of these Terms and Conditions is held to be illegal, invalid, void, voidable, or unenforceable by a court or tribunal of competent jurisdiction (including under the unfair contract terms provisions of Part 2-3 of the Australian Consumer Law), that provision is severed from these Terms and Conditions to the minimum extent necessary, and the remaining provisions continue in full force and effect and are not affected or impaired.

24.2 Entire Agreement

These Terms and Conditions, together with any Quote, invoice, or service-specific documentation expressly incorporated by reference, constitute the entire agreement between the Customer and PC Medic in relation to the subject matter of these Terms and Conditions. These Terms and Conditions supersede and replace all prior negotiations, representations, understandings, agreements, and arrangements (whether written or oral) between the parties in relation to the subject matter of these Terms and Conditions. Without limiting the generality of the foregoing, these Terms and Conditions supersede all verbal representations, promises, and assurances made by any PC Medic employee, agent, contractor, or representative. No verbal statement by any PC Medic employee, agent, contractor, or representative can modify, amend, vary, or supplement these written Terms and Conditions unless such statement is expressly confirmed in writing by PC Medic.

24.3 Waiver

A failure or delay by PC Medic in exercising any right, power, or remedy under these Terms and Conditions does not operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that right, power, or remedy, or the exercise of any other right, power, or remedy. A waiver is not effective unless it is in writing and signed by the party granting the waiver.

24.4 Assignment

PC Medic may assign, transfer, novate, subcontract, or otherwise deal with any of its rights or obligations under these Terms and Conditions without the prior consent of the Customer. The Customer may not assign, transfer, novate, or otherwise deal with any of their rights or obligations under these Terms and Conditions without the prior written consent of PC Medic, which may be withheld at PC Medic’s absolute discretion.

24.5 Variation

PC Medic reserves the right to vary, amend, update, or replace these Terms and Conditions at any time by publishing the updated Terms and Conditions on its website at pcmedic.com.au/terms.html. The updated Terms and Conditions will take effect from the date of publication. Continued engagement of PC Medic’s Services after the publication of updated Terms and Conditions constitutes acceptance of the updated terms. It is the Customer’s responsibility to review the Terms and Conditions periodically. For the avoidance of doubt, the version of the Terms and Conditions applicable to any specific service engagement is determined in accordance with Section 2.3.

24.6 Survival

The following provisions survive the completion, termination, cancellation, or expiry of any service engagement and continue in full force and effect indefinitely, or for so long as may be necessary to give full effect to their intent: Section 9 (Quotes, Pricing & Payment — to the extent of any outstanding payment obligations); Section 10 (Refunds, Chargebacks & Payment Disputes); Section 12 (Data Loss, Backup & Incidental Data Exposure); Section 13 (Limitation of Liability); Section 18 (Unclaimed Equipment & Abandoned Goods); Section 20 (Indemnification); Section 22 (Website Terms of Use — intellectual property provisions); and Section 23 (Dispute Resolution & Governing Law). Any other provision that by its nature is intended to survive termination shall also survive.