Terms of Service
Bundy Tech Services (Previously Bundaberg Technology Services)
Bundy Tech Services (Previously Bundaberg Technology Services) is a trading name operating under the Smithies Enterprises Group (ABN: 20 174 485 023). All services are provided under this registered entity, and no separate legal entity exists for Bundy Tech Services (Previously Bundaberg Technology Services).
Effective Date: [Insert Date]
1. Introduction
These Terms of Service ("Terms") govern the provision of services by Bundy Tech Services (Previously Bundaberg Technology Services) ("we", "us", "our") to the client ("you", "your"). By engaging our services, you agree to be bound by these Terms.
2. Services Provided
We provide technology-related services including but not limited to:
IT support and troubleshooting
Hardware and software installation
Network setup and maintenance
Website and digital services
Consulting and advisory services
All services will be outlined in a quote, invoice, or written agreement prior to commencement.
3. Quotes and Acceptance
All quotes are valid for 14 days unless otherwise stated.
Acceptance of a quote may be verbal, written, or by proceeding with services.
Any variations to agreed services may incur additional charges.
4. Pricing and Payment
Payment terms will be specified on the invoice.
Unless otherwise agreed, payment is due within 7 days of invoice issue.
Late payments may incur fees or suspension of services.
We reserve the right to require deposits for certain services.
5. Cancellations and Rescheduling
You must provide at least 24 hours' notice for cancellations or rescheduling.
Late cancellations may incur a cancellation fee.
We reserve the right to reschedule services due to unforeseen circumstances.
6. Client Responsibilities
You agree to:
Provide accurate and complete information
Ensure access to required systems, equipment, and locations
Maintain backups of important data
We are not responsible for data loss unless explicitly agreed in writing.
7. Data and Privacy
We will take reasonable steps to protect your data.
You authorise us to access systems as required to perform services.
Sensitive information will be handled in accordance with applicable privacy laws.
8. Liability
All services are provided by Smithies Enterprises Group (ABN: 20 174 485 023), trading as Bundy Tech Services (Previously Bundaberg Technology Services).
To the maximum extent permitted by law, all liability arising from the provision of services is borne solely by Smithies Enterprises Group as the legal entity.
Services are provided with due care and skill in accordance with applicable Australian Consumer Law.
We are not liable for indirect, incidental, special, or consequential damages, including but not limited to loss of data, loss of business, or loss of profits.
Our total aggregate liability for any claim, whether in contract, tort, or otherwise, is limited to the total amount paid by you for the specific services giving rise to the claim.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or other applicable laws that cannot be excluded.
9. Indemnity
You agree to indemnify, defend, and hold harmless Smithies Enterprises Group (ABN: 20 174 485 023), trading as Bundy Tech Services (Previously Bundaberg Technology Services), from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:
Your misuse of services or equipment
Your failure to follow advice, instructions, or recommendations
Any unlawful or negligent act or omission by you
Any third-party claims arising from your systems, data, or content
10. Data Loss and Backup Responsibility
You acknowledge that all IT services carry an inherent risk of data loss, corruption, or system failure.
You are solely responsible for maintaining current and complete backups of all data prior to the commencement of any services.
Unless explicitly agreed in writing, we do not provide data backup or recovery services.
To the maximum extent permitted by law, Smithies Enterprises Group is not liable for any loss of data, loss of access, or corruption of files, whether direct or indirect.
11. Residential vs Commercial Clients
Residential Clients: Services are provided on a best-effort basis, and response times or outcomes are not guaranteed unless agreed in writing.
Commercial Clients: Where applicable, services may be governed by separate Service Level Agreements (SLAs). In the absence of an SLA, no guaranteed uptime, response time, or resolution timeframe applies.
Commercial clients are responsible for ensuring appropriate IT infrastructure, cybersecurity measures, and redundancy systems are in place.
12. Warranty
We provide a 30-day workmanship warranty unless otherwise stated.
Third-party products or software are subject to their respective warranties.
10. Third-Party Services
We may recommend or use third-party products or services. We are not responsible for their performance or reliability.
11. Intellectual Property
All intellectual property created by us remains our property until full payment is received. Upon payment, you are granted a licence to use the deliverables as agreed.
12. Termination
We reserve the right to terminate services if:
Payment is not received
You breach these Terms
Unsafe or inappropriate conditions exist
13. Force Majeure
We are not liable for delays or failure to perform due to events beyond our control, including natural disasters, power outages, or network failures.
14. Governing Law
These Terms are governed by the laws of Queensland, Australia.
15. Amendments
We may update these Terms at any time. The latest version will be available upon request or on our website.
16. Contact Information
Bundy Tech Services (Previously Bundaberg Technology Services)
A trading name of Smithies Enterprises Group
ABN: 20 174 485 023
Bundaberg QLD, 4670
07 4130 1826
admin@bundytechservices.smithiesenterprisesgroup.com
smithiesenterprisesgroup.com/bundytechservices
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.