J-SERVERS

Terms and Conditions

1. Application

These Terms and Conditions ("Terms") govern all goods and services supplied by J-Servers ("we", "us", "our"), ABN 64 156 562 037, including our website www.jservers.com.au (the "Site"), on-site and remote IT services, repairs, hardware and software sales, and subscriptions. By engaging our services or using the Site, the customer ("you", "your") agrees to these Terms.

These Terms, together with any quote or order confirmation we provide you, form the entire agreement between you and J-Servers for the goods and services covered by that quote or order, and supersede any prior discussion, quote, or representation on the same subject matter, whether written or verbal. Where a specific written agreement or signed quote conflicts with these Terms, that document prevails to the extent of the conflict.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified — including consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL"). Where a clause in these Terms would otherwise conflict with the ACL, the ACL prevails to the extent of that conflict.

2. Fees, Invoicing and Payment

2.1 Standard rates

Our standard hourly rate is $100.00 (plus GST) during business hours, 9:00 AM–4:30 PM Monday to Friday. Work performed outside these hours is charged at $180.00 (plus GST), with a minimum charge of one hour. These rates cover on-site consultations, pick-up/drop-off, diagnostics, installation, and system management. Travel cost is calculated from our office at 8 Horton Street, Forest, and is included in the quoted rate unless otherwise agreed in writing.

2.2 Payment methods

We accept payment by card, bank transfer (EFT), and cash. Payment instructions are provided on your invoice or quote.

2.3 Invoicing and payment terms

Invoices are payable within 7 calendar days of the invoice date unless otherwise agreed in writing. For time-and-materials work where the final cost cannot be known in advance, an upfront deposit may be requested, with the balance invoiced on completion — this replaces any requirement to pay the full (unknown) amount before work begins.

Where goods, parts, or licensed software are being ordered specifically for your job, full payment for those items is required before we place the order.

2.4 Overdue accounts

If payment is not received in full within your applicable payment terms (7 calendar days by default, per clause 2.3, unless a different term has been agreed in writing), the account is considered overdue and a late payment fee is added, calculated as a genuine pre-estimate of our administrative cost of recovering the debt, up to a maximum of 6% of the overdue amount. We reserve the right to suspend services and/or refer the debt to a collection agency for accounts that remain overdue.

If you have a payment method stored with us and your account becomes overdue, we may charge that payment method to recover the outstanding balance. By storing a payment method with us, you separately consent to this specific use at the time you provide it — this is not implied merely by these Terms.

2.5 Surcharges

From 1 December 2025, we may apply a payment processing surcharge on certain payment methods to recover the cost charged to us by our payment provider (Stripe). Any surcharge will not exceed our actual cost of acceptance for that payment method, in line with the Reserve Bank of Australia's surcharging rules, and will be disclosed before you complete payment. Current Stripe fees are available at stripe.com.

2.6 Credit accounts

Extension of a credit account is at our discretion and subject to a credit and identity check. Where we conduct a credit check, we will handle your information in accordance with Part IIIA of the Privacy Act 1988 (Cth) and our Privacy Policy, available at jservers.com.au/privacy, which sets out what is checked, which credit reporting body is used, and how your information is stored and disclosed.

3. Repairs and Servicing

3.1 Data

You are responsible for maintaining a current backup of your data before handing over any device. Hard disk and storage failures can occur during diagnosis or repair, and while we take reasonable care, we do not accept liability for data loss except to the extent required by law. We offer a data backup service — ask us if you'd like this arranged before work begins.

3.2 Estimates and timeframes

Any time or cost estimate we provide is an approximation based on the anticipated scope of work and may change once the job is underway. We will contact you before proceeding if the actual cost is expected to materially exceed the estimate.

3.3 Cancelling a repair in progress

If you cancel a repair after work has commenced, you will be liable for the cost of any parts already ordered and for labour reasonably incurred up to the point of cancellation. Devices will be released once this amount is paid.

3.4 Invasive repairs

Some devices — including sealed mobile phones and tablets — may require invasive methods to access internal components, which carries a risk of incidental damage. Where this risk applies to your device, we will identify it in your quote before work begins, along with the maximum cost that may apply.

3.5 Limits on our liability for repairs

We are not liable for loss or damage arising from matters outside our reasonable control or knowledge, including undocumented custom configurations on your device, and we exclude liability to the maximum extent permitted by law for indirect or consequential loss (such as loss of goodwill or business disruption). This does not exclude any liability that cannot be excluded under the ACL, including for loss caused by our failure to exercise due care and skill.

3.6 Software reinstallation

If your device's operating system is reloaded as part of a repair, licensed software (e.g. Microsoft Office) and antivirus software may need to be reinstalled using your own original licence/installation media. We recommend having this on hand before drop-off.

3.7 Uncollected devices

When your device is ready for collection, we will send you a minimum of 2 notifications requesting collection. If the device remains uncollected 30 calendar days after the first notification, we will treat it as uncollected goods and deal with it in accordance with the Disposal of Uncollected Goods Act 1968 (Tas), including any further notice required under that Act and any statutory waiting period, before recycling, reselling to offset costs, or otherwise disposing of it.

3.8 Warranty

Please inspect your device promptly and notify us of any concerns within 2 calendar days of collection or delivery. A 30-day warranty applies to most labour and parts (excluding virus/malware removal). The warranty does not apply where the fault recurs due to subsequent misuse, negligence, or interference by the customer or a third party. This warranty is in addition to, and does not limit, your rights under the ACL.

4. Sale of Goods and Software

We sell software and hardware, and provide repair services, through the Site and in person. Descriptions and images are provided in good faith and as accurately as reasonably possible, but are not guaranteed to be error-free. We may modify, decline, or cancel an order where necessary — for example, stock unavailability or a pricing error — and will refund any payment already made for a cancelled order.

We are not responsible for the quality, accuracy, or performance of goods or services supplied by third parties and made available through our Site.

5. Subscriptions

A valid card must be kept on file for all subscription products, and you authorise us to charge that card automatically for each renewal. If a renewal payment is declined or the card on file is invalid, we may suspend the subscription until a valid payment method is provided. Subscriptions renew automatically on the 1st of each calendar month unless cancelled beforehand. To cancel, contact us by email at support@jservers.com.au or by phone on (03) 6453 9006 before the 1st of the month in which you wish to cancel. We do not currently send a reminder before renewal, so please note this date if you wish to cancel in time. No refund is provided for the current billing period once it has renewed, except as required by law.

6. Refunds and Returns

6.1 Goods

In addition to any right you have under the ACL, we accept refund or replacement requests made within 14 calendar days of receipt where the goods are faulty, not fit for purpose, significantly different from their description, or otherwise fail to meet a consumer guarantee. Licensed software cannot be returned once activated, except where required by the ACL.

6.2 Services

Services, including labour, are generally non-refundable once performed. This does not affect your right to a remedy under the ACL if a service is not provided with due care and skill, is not fit for purpose, or is not delivered within a reasonable time.

6.3 Returns process

To return eligible goods, pack them securely with the return label provided, and lodge them at your nearest post office. We do not offer change-of-mind returns; return rights are limited to faulty goods or goods that fail a consumer guarantee.

7. Shipping and Delivery

Goods are delivered via Australia Post Standard (5–14 days) or Express (2–7 days), excluding weekends and public holidays. Delivery charges are additional to the goods price. You are responsible for providing a complete and accurate delivery address; we are not liable for failed delivery caused by incorrect or incomplete information you provided.

8. Accounts and Site Use

You are responsible for the security of your account credentials and for keeping your account information accurate and current. We may suspend or terminate an account used unlawfully or in breach of these Terms.

All content on the Site — including text, images, logos, and downloadable files — is the property of J-Servers or its licensors.

9. Liability and Indemnity

Whether clause 9.1 or 9.2 applies to you is determined by what you tell us when you place your order or request a quote. If you identify yourself as ordering for business purposes, clause 9.1 applies; otherwise clause 9.2 applies.

9.1 Business customers

If you are acquiring our services for business purposes (i.e. not ordinarily for personal, domestic, or household use), our liability for any claim arising from the Site or our services is limited, to the extent permitted by law, to — at our option — resupply of the services or the cost of having the services resupplied.

9.2 Consumer customers

If you are acquiring our services for personal, domestic, or household use, the limitation in clause 9.1 does not apply. Our liability to you is limited to the extent permitted by law, and nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy available to you under the ACL, including your right to a remedy where a service is not provided with due care and skill, is not fit for purpose, or is not provided within a reasonable time.

9.3 Indemnity

You agree to indemnify J-Servers against claims, losses, or costs arising from your unlawful use of the Site or breach of these Terms, except to the extent caused by our own negligence or breach of these Terms.

10. Links to Other Websites

Our Site may link to third-party websites we do not control. We are not responsible for their content or practices, and recommend reviewing their own terms and privacy policies.

11. Privacy

We collect and handle personal information — including contact details, payment information, and device information — in accordance with our Privacy Policy, available at jservers.com.au/privacy, and the Privacy Act 1988 (Cth). By engaging our services, you consent to that collection and use as described in the Privacy Policy.

12. Delays Outside Our Control

We are not liable for any delay or failure to perform our obligations where this is caused by circumstances reasonably beyond our control, including parts or stock shortages, supplier or courier delays, power or network outages, or other events of force majeure. We will let you know as soon as reasonably practicable if such a delay affects your job.

13. Complaints and Disputes

If you're unhappy with a repair, product, or invoice, please contact us at support@jservers.com.au or (03) 6453 9006 in the first instance and we'll aim to acknowledge your complaint within 5 business days and resolve it as quickly as possible. This does not limit your right to make a claim under the ACL or to escalate to Consumer, Building and Occupational Services (CBOS) Tasmania or another relevant regulator at any time.

14. Notices and Assignment

Any formal notice under these Terms may be given by email to the address you have provided us, or by post to the address on your account, and is taken to be received one business day after sending (email) or 3 business days after posting (mail). We may assign or transfer our rights under these Terms, including an outstanding debt, to a third party (such as a debt collection agency) without your consent. You may not assign your rights under these Terms without our written consent.

15. Applicable Law

These Terms are governed by the laws of Tasmania, and the parties submit to the non-exclusive jurisdiction of its courts.

16. Severability and Changes

If any provision of these Terms is found invalid or unenforceable, that provision is severed and the remainder continues in full force. We may update these Terms from time to time to reflect legal requirements or changes to how we operate; the version in effect at the time you engage us applies.

17. Contact

J-Servers

8 Horton Street, Forest, TAS 7330

Phone: (03) 6453 9006

Email: support@jservers.com.au

ABN: 64 156 562 037

By engaging our services or using the Site, you confirm you have read, understood, and agree to these Terms and Conditions.