These Terms and Conditions (the “Terms”) apply to all Services provided by SEKI GADGETS (“SEKI GADGETS,” “we,” “us,” or “our”) to the Customer (“Customer,” “you,” or “your”). You should carefully read these Terms, as they contain important information about your rights and responsibilities when entering into any contract for Service with SEKI GADGETS. These Terms apply to all transactions between SEKI GADGETS and the Customer, covering all work performed by our service technicians. They are not intended to limit or reduce your statutory rights under the Australian Consumer Law (“ACL”), and the ACL shall prevail wherever inconsistencies occur.
1. Applicability and Acceptance of Terms
1.1 Application of Terms
These Terms apply each time a Customer submits a service request for SEKI GADGETS to provide Services. Depending on the Products or Services that the Customer receives from SEKI GADGETS, the Customer may be bound by additional contracts. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of the additional contracts will control and prevail.
1.2 Nature of Services and Associated Risks
SEKI GADGETS provides electronic repair services for various devices including, but not limited to, smartphones, tablets, and gaming consoles. While we approach all Services with the utmost care and diligence, Customers must be aware of the following risks:
- Potential voiding of the manufacturer’s warranty on the Customer’s Device;
- Possible loss of data stored on the Device;
- The unpredictable nature of electronic repairs, which may result in:
- The Device being beyond repair;
- The Device being permanently damaged during repair;
- Circuit board component failure, especially in liquid-damaged devices;
- Screen damage during the repair process, particularly for devices with glued-on screens.
1.3 Customer Acknowledgments
By submitting a Service request or otherwise submitting a Device for Service, the Customer warrants that they:
- Have had the opportunity to read and fully understand these Terms;
- Agree to be bound by these Terms;
- Have taken all necessary steps to back up the data stored on the Device and understand that any data stored on the Device may be lost;
- Have made inquiries into the effect that authorising SEKI GADGETS to carry out the Services on the Device may have on the manufacturer’s warranty of the Device and understand that these Services may void such warranty;
- Understand and accept the risks associated with the Services, including:
- Potential voiding of the manufacturer’s warranty on the Customer’s Device;
- Possible loss of data stored on the Device;
- The unpredictable nature of electronic repairs, which may result in:
- The Device being beyond repair;
- The Device being permanently damaged during repair;
- Circuit board component failure, especially in liquid-damaged devices;
- Screen damage during the repair process, particularly for devices with glued-on screens.
1.4 Limitation of Liability
The Customer expressly agrees that SEKI GADGETS will not be liable for any damage, cost, or loss associated with the risks outlined in clause 1.2, except where such limitation would be contrary to the ACL.
1.5 Importance of Reading and Understanding These Terms
We strongly encourage Customers to read these Terms carefully and in their entirety before agreeing to them or submitting a Device for Service. If you have any questions or concerns about these Terms, please contact us for clarification before proceeding with any Service request.
2. References
The following references apply unless the context requires otherwise:
- References to AUD, $AUD, dollar, or $ are references to the currency of Australia.
- References to “agreement” refer to these Terms and Conditions.
- References to “device” refer to the iPhone, iPad, phone, tablet, screen, logic board, motherboard, gaming console, accessory, and/or any other device.
- References to “service ticket” and “ticket” refer to the Service Ticket.
- References to “service estimate” and “estimate” refer to the Service Estimate.
- References to “service” and “services” refer to the diagnostic service(s), repair service(s), and/or data recovery service(s) as described in the Service Estimate and/or Service Ticket.
- References to “time” are references to Australian Eastern Standard Time (AEST).
- References to “us,” “we,” and “our” refer to SEKI GADGETS.
- References to “you,” “your,” “client,” and “partner” are references to the Customer, the person addressed on the Service Estimate and/or Service Ticket.
3. Service Estimates
3.1 This Is An Estimate
This is an estimate and not a quote. Due to the unpredictable nature of our Services, we do not provide quotes. Any offer, suggestion, or indication of Service pricing, whether written or verbal, including those displayed on any of our digital platforms, is purely an estimate. This is not a fixed price and may change. For all legal purposes and definitions, this is an Estimate.
3.2 Pricing
Unless stated otherwise, the estimated Service cost includes parts, labour, and taxes (where applicable).
3.3 Device Inspection
Any Estimate provided by us is strictly subject to visual inspection and diagnostic testing prior to acceptance. Prices are not final and are subject to change pending discovery and complexity of the Service. Any faults or damage determined with the device after the estimate has been approved will be subject to a new Estimate requiring approval.
3.4 Service Conditions
Any services performed are subject to section 6 of these Terms.
3.5 Loan Device
Subject to approval and availability, you may be entitled to a loan device for the duration of your Service. Use of a loan device is subject to clause 4 of these Terms.
3.6 Warranty
Any Services performed are subject to our Warranty Terms & Conditions.
3.7 Typographical Errors
In the event that we have mistakenly listed a Product or Service at an incorrect price, we reserve the right to refuse or cancel any orders placed for the Product or Service listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and charged. If the Customer has already been charged for the purchase and their order is cancelled, we will issue a refund to their account in the amount of the incorrect price.
3.8 Expiry
Service Estimates are valid for a period of ten (10) calendar days, after which they will expire and a new estimate may be required. It will be at our discretion to continue with the existing estimate or require a new estimate, which may necessitate another diagnostic assessment at an additional charge.
3.9 Deposits & Pre-Payment
We reserve the right to request a deposit of up to 100% of the estimated Service cost before any work is commenced. If we require a deposit or upfront payment, we reserve the right to request this prior to or after acceptance of the Service Estimate.
3.10 Approval
By accepting a Service Estimate, whether written or verbal, you agree to the outlined work being completed and will be liable for all costs resulting from such work.
3.11 Device Delivery for Estimate
Unless agreed otherwise, the Customer is responsible for all costs in getting their Device delivered to our premises.
3.12 Estimate Changes
While we try to be as thorough as possible with all Estimates, we do not guarantee that our Estimate is all-inclusive and final. Often, it is very difficult or impossible to identify every problem affecting a Device until it has been inspected and diagnosed. Our Estimates may evolve or change during the course of servicing your Device. If our technicians need to update the Estimate, we will let you know as soon as possible before we proceed any further. All changes to an Estimate MUST be approved by the Customer before we continue with any work.
3.13 Customer Responsibility
It is the Customer’s responsibility to seek out an Estimate. Upon receipt of Devices, we assume that the Customer wants us to proceed with the repair attempt, and that the Customer has done their due diligence to reach out for an Estimate.
4. Loan Devices
4.1 Offer of Loan Device
SEKI GADGETS may offer a Loan Device to the Customer while Service is performed on their Device.
4.2 Device
The Customer acknowledges that the Loan Device may be new or refurbished and agrees to return it to SEKI GADGETS (i) no more than seven (7) days from the date SEKI GADGETS notifies the Customer that their Device is available for collection or (ii) upon SEKI GADGETS’s request to do so (each, a “Return Date”).
4.3 Device Title
From the date on which the Customer receives the Loan Device through the Return Date, title to the Loan Device shall at all times remain vested in SEKI GADGETS.
4.4 Return of Device
The Loan Device is strictly offered to the Customer while their Device is serviced by SEKI GADGETS. SEKI GADGETS will return the Customer’s Device to them after Service has been completed, the Loan Device has been returned, and all outstanding payments are received from the Customer.
4.5 Return Date Extension
If the Customer’s circumstances prevent them from collecting their Device on or before the Return Date, they may submit a written request to SEKI GADGETS for an extension of five (5) days beyond the standard seven (7) day return period. The Customer may submit a request for the extension by contacting SEKI GADGETS directly. Upon approval of the five (5) day extension, the extended date will become the Customer’s Return Date for the purposes of these Terms, and the Customer will be required to return the Loan Device by that extended Return Date. All of the Terms set forth in this Agreement will apply to that extended Return Date.
4.6 Safeguarding
The Customer must take all reasonable steps to safeguard and protect the Loan Device from damage, loss, theft, or abuse while in their care, custody, and control. If the Loan Device is lost, stolen, or damaged, the Customer must notify SEKI GADGETS immediately. Only SEKI GADGETS may service the Loan Device. SEKI GADGETS reserves the right to hold the Customer responsible for repair or replacement costs if the Loan Device is lost, damaged, or stolen while in their care.
4.7 Permitted Use
The Loan Device is to be used solely by the Customer while their Device is being serviced by SEKI GADGETS (“Service Period”). The Customer must not use the Loan Device for any unlawful purpose. Only software with valid licenses should be installed on the Loan Device.
4.8 Loan Device Data
The Customer acknowledges that before returning the Loan Device, they are responsible for erasing all files, including personal and/or confidential files and data, created by them. Therefore, should the Customer wish to retain any files they created, they should back up their files so that the files can later be transferred to their own Device. The Customer is responsible for removing and storing any such files prior to returning the Loan Device to SEKI GADGETS. SEKI GADGETS is not responsible nor liable for any files or data remaining on, or erased from, the Loan Device following its return.
4.9 SEKI GADGETS Liability
To the fullest extent permitted by law, SEKI GADGETS will not be liable for any consequential, incidental, indirect, or direct damages arising from the use of the Loan Device, including without limitation any loss of or damage to the Customer’s personal property, software, or data.
5. Device Delivery and Collection
5.1 In-Store Services
5.1.1 Delivery and Collection
- The Customer is responsible for all costs associated with delivering the Device to our premises and collecting it afterwards.
- The Customer is liable for any costs associated with returning a Device pursuant to a Warranty Request.
5.1.2 Device Collection
- We will notify the Customer when their Device is available for collection.
- The Customer must retain their Service Ticket for collection of their Device.
- We may, at our discretion, request photo ID and/or deny collection to any person other than the person named on the Service Ticket.
- Upon collection, the Customer should fully inspect their Device. Any questions regarding the Device’s condition should be raised immediately with a team member.
5.1.3 Uncollected Devices
- The Customer must collect their Device, and pay all outstanding Service fees, within seven (7) calendar days from the date of our notification that the Device is available for collection (the “Collection Window”).
- We reserve the right to retain possession of the Device until all Service fees have been paid in full, in accordance with clause 6.14.1.
- Devices held beyond the Collection Window may incur a Storage Fee of $5.00 per week or part thereof, capped at $100.00, payable before the Device is released.
- If the Device remains uncollected, we may issue a written request to collect in accordance with the Uncollected Goods Act 1996 (ACT). A Device not collected as arranged, or within seven (7) days of such a request, is deemed “uncollected goods” under that Act.
- Uncollected Devices may thereafter be sold, retained, or disposed of strictly in accordance with the Uncollected Goods Act 1996 (ACT), including, where the Act requires, sale by advertised public auction after the applicable holding period.
- Proceeds of any sale will be applied first to outstanding Service fees, Storage Fees, and reasonable costs of sale, with any surplus dealt with as required by the Uncollected Goods Act 1996 (ACT).
- Disposal of a Device does not extinguish the Customer’s liability for any unpaid Service fees exceeding the amount recovered.
- The Customer may at any time elect, in writing, to forfeit title to the Device to us. We may, at our discretion, waive some or all outstanding charges in exchange for such forfeiture.
- This clause applies to any Device in our possession, including Devices received via our Mail-in Services that cannot be returned because outstanding Service fees remain unpaid or because delivery to the Customer has failed despite reasonable attempts.
5.2 Mail-in Services
5.2.1 Delivery
- The Customer is responsible for all costs associated with delivering the Device to our premises.
- The Customer is liable for any costs associated with returning a Device pursuant to a Warranty Request.
5.2.2 Packaging and Carrier Requirements
- Devices must be packaged and addressed according to our Device Mail-In Instructions, which we provide in the booking confirmation email.
- Devices must be sent via Australia Post only. Our delivery address is an Australia Post Parcel Locker. Devices sent via other carriers (including StarTrack, Toll, Couriers Please, and similar) cannot be delivered to a parcel locker and will not reach us.
- Devices must be sent WITHOUT “signature on delivery” enabled. A signature cannot be obtained on delivery to an Australia Post Parcel Locker. Parcels lodged with signature on delivery enabled will be returned to the Customer by Australia Post, and we will not receive the Device. The Customer must use tracking-only services.
- Incorrect Device mailing, including any breach of clauses (b) or (c) above or addressing errors requiring additional collection measures, will incur a “Collection Surcharge” of $50.
5.2.3 Return Shipping Methods
- Return shipping is Australia Post Express with tracking and signature on delivery. A Return Shipping Charge of $25 will be added to the Customer’s repair quote.
- We do not add additional insurance to return shipments by default.
5.2.4 Additional Insurance
- If the Customer requires additional insurance cover on their return shipment beyond the standard carrier cover, they may select this option at booking.
- Any additional charges for additional insurance cover will be added to the Customer’s repair quote.
5.2.5 Return Shipping
- We assume liability for costs associated with returning a Device to the Customer following the resupply of parts and/or Services pursuant to a Warranty Request.
- “No Fix” or “Cancelled” Service Tickets incur a “Return Postage Charge” of $25.
5.2.6 Transit Damage Claims
- Claims for transit damage must be made within five (5) calendar days with supporting evidence.
- The Customer may not deduct any amount from payment due or paid by reason of damage to property in transit.
- Upon request, we may, at our sole discretion, agree to process a claim against the carrier for any loss or transit damage, provided that:
- The Customer notifies us in writing within five (5) calendar days;
- The Customer includes pictures of the damage;
- The Customer returns the damaged property in the same packaging.
- If any of these conditions are not met, the claim will be rejected.
5.2.7 Express Service
- Express Service is an optional upgrade selected at booking for an additional surcharge of $50.
- Express Service includes same-day diagnostic inspection (where the Device is received before 12:00pm AEST/AEDT on a business day) and priority placement in our repair queue. The average repair time after the Customer approves the final quote is one (1) business day.
- Express Service applies to standard component replacement repairs only, including screen, battery, charging port, rear glass, speaker and microphone replacements, and HDMI port replacements on game consoles.
- Express Service is NOT available for the following repair categories: logic board repairs, board-level microsoldering (including FPC replacement, PMIC and baseband work), and data recovery services. These repair categories are inherently multi-stage and cannot be reliably compressed by paying a priority surcharge. HDMI port replacements remain eligible despite involving the logic board.
- Where Express Service was selected at booking for an ineligible repair category, the Express surcharge will not be added to the Customer’s repair quote, the Customer will be notified at diagnostic confirmation, and the repair will proceed at Standard service turnaround.
- Express Service affects diagnostic timing and repair queue position only. The final repair cost is determined by the work required, not the urgency tier selected at booking.
6. Device Service
6.1 Device Ownership
The Customer acknowledges that they are the rightful owner of the Device or have been authorised to act and make decisions regarding the Device on behalf of the Device owner.
6.2 Independent Repairer
The Customer acknowledges and agrees that while SEKI GADGETS technicians are certified technicians, SEKI GADGETS is not an authorised repairer of their Device. By authorising SEKI GADGETS to perform the Service(s), the Customer may void any manufacturer’s warranty on their Device. To avoid this, the Customer should take their Device directly to the manufacturer, noting that the manufacturer’s warranty will not cover any accidental or deliberate damage.
6.3 Passwords and Passcodes
We reserve the right to refuse Service on any locked or otherwise inaccessible Device. If a Device is sent for data recovery and the password/passcode is found to be incorrect, or, if the Device has been previously restored by another technician or the Customer, the Customer will still be charged FULL PRICE. For additional terms specific to data recovery services, refer to clause 6.16.
6.4 Additional Items
We do not accept responsibility for any accessories sent with a Device. This includes but is not limited to chargers, cables, SIM cards, SD cards, game discs, cases, covers, and/or accessories.
6.5 Biohazard Cleaning Fee
Subject to Section 7.1 of these Terms, Devices requiring removal of harmful substances and/or insect infestations are subject to a “Biohazard Cleaning Fee” of $100.
6.6 Loan Device
Use of a Loan Device is subject to Section 4 of these Terms.
6.7 Device Testing and Diagnostic Assessment
We perform a series of tests when checking in a Device for Service. If the Device is not testable, we do not accept responsibility for any faults found. To perform diagnostics, repairs, and/or data recovery, it may be necessary for us to disassemble the Device, which may result in further damage. We do not accept responsibility for any further damage to the Device because of any existing damage. We will not cover the cost of replacement parts in any circumstances, including if the Device is deemed “No Fix,” “Not Repairable,” or “Beyond Economical Repair.”
6.8 High-Risk Repairs
6.8.1 Liquid/Water Damage
All liquid-damaged Devices are ONLY eligible for data recovery Services.
6.8.2 Microsoldering Risks
Microsoldering a logic board/motherboard/PCB IC, FPC, or any other component is extremely risky even with the precision tools, training, and knowledge that we possess. In some cases, board repairs may cause loss of other functions unrelated to what is being repaired and/or the Device may not turn on again. By using our Services, the Customer agrees that they are aware of and assume all responsibility for these risks and will not hold SEKI GADGETS liable should any of this occur.
6.8.3 Previous Microsoldering Repair Attempts
All Devices with previous microsoldering repair attempts are ONLY eligible for data recovery Services.
6.9 Service Completion Times
Any time estimate specified for completion of the Service is an estimate only and does not form any obligation under the terms of this Agreement. Unforeseen circumstances, parts availability, equipment failure, border closures, courier delays, and work backlogs may impact our ability to complete the Services provided to the Customer within the estimated timeframe. We will not be liable for any damages resulting from a delay in completion time. All timeframes refer to standard business days and exclude weekends and/or public holidays.
6.10 Additional Services and Missed Faults
6.10.1 Discovery of Additional Services
In performing the Services, we may discover that the Device requires additional Services beyond those nominated in the Service Ticket, or we may identify faults that were not initially apparent.
6.10.2 Revised Estimates
- If additional Services are required and will incur additional costs beyond our initial Estimate, we will notify the Customer using the details provided in their Service Request and provide a revised Estimate.
- Any faults determined with the Device after the Service has been approved will be subject to a new Estimate.
6.10.3 Customer’s Right to Decline
- If the Customer does not accept our revised Estimate for either additional Services or newly discovered faults, we will return their Device.
- In such cases, we reserve the right to charge a “Minimum Charge” of $65 plus any Parts Used, Disassembly/Reassembly, and Return Postage charges that may apply.
- We may, at our discretion, waive any charges in exchange for the Customer forfeiting title of the Device to us.
6.10.4 Acceptance of Revised Estimate
Should the Customer accept the new Estimate for additional Services or newly discovered faults, these will be fully chargeable to the Customer.
6.11 Device Beyond Economical Repair
6.11.1 Assessment Outcome
Upon assessment of the Customer’s Device, we may determine that the Device is beyond economical repair.
6.11.2 Return and Charges
- In such cases, we will return the Customer’s Device.
- We reserve the right to charge the Customer a “Minimum Charge” of $65 plus any Parts, Disassembly/Reassembly, and Return Postage charges that may apply.
- We may, at our discretion, waive any charges in exchange for the Customer forfeiting title of the Device to us.
6.12 Repair Outcomes and Implications
6.12.1 Parts and Components
- We prioritise the use of genuine original equipment manufacturer (OEM) parts in our repairs.
- In some cases, we may use non-genuine/aftermarket parts.
- We may also use refurbished and/or reconditioned parts or components at our discretion.
6.12.2 Post-Repair Device Functionality
- Warranty Implications: The use of non-genuine parts may affect the manufacturer’s warranty on your Device.
- Parts Interaction: The Device may interact differently with non-genuine parts compared to original parts.
- LCD Replacements: For LCD screen replacements, Customers may notice slight differences in color temperature.
- Non-Genuine Part Messages:
- After repair, your Device may display messages about non-genuine or unauthorized parts.
- This is common for some devices, particularly Apple iPhone models.
- These messages may appear even when genuine parts are used, due to manufacturer encryption practices.
- We cannot control or prevent these messages in many cases, as we cannot decrypt Apple’s encrypted parts.
- These messages usually move to the Device settings within five (5) days.
- The appearance of these messages is often due to manufacturer policies and does not necessarily reflect the quality or authenticity of our parts or repair.
- Affected Features: Certain Device features may be affected by the repair process:
- Biometric features (e.g., fingerprint readers, face recognition) may need reconfiguration.
- Water resistance properties may be altered.
- Display features like True-Tone on Apple devices may require recalibration.
- Future Updates: Future manufacturer software updates may impact repaired Devices or parts. We cannot predict or control these updates. Our repairs are based on the best available information at the time of service.
6.13 Data Protection and Loss
Subject to our Privacy Policy and Data Security Policy, the Customer understands that SEKI GADGETS will NOT intentionally view or share their personal, private, or confidential information. However, in performing the Services on the Device, our technicians may inadvertently come into contact with Personal Information. The Customer acknowledges and agrees that in performing the Services on the Device, any data stored on the Device and/or any removable storage medium may be lost. We are not responsible for any loss of software programs, data, or any other information stored on the Device during Service. The Customer acknowledges and agrees that the Device can be restored, factory reset, or otherwise have the data wiped during Service.
6.14 Payment and Charges
6.14.1 Payment Terms
Unless the Customer’s Service is pre-paid, payment is due in full before we return the Device to the Customer. We reserve the right to retain possession of the Device until all Service fees have been paid in full.
6.14.2 Payment Methods
We accept Fast Transfer (PayID), Cash, and all major credit/debit cards for our repair Services. It is the Customer’s responsibility to inquire about their payment options and to abide by our rules and regulations in regards to the payment of their invoices.
6.14.3 Discounts and Promotions
Only one promotional discount may be applied at any one time and is subject to our discretion. All valid discounts and promotions must be applied at the point of sale.
6.14.4 Minimum Charge
If no fault is found on the Device or if we are unable to complete the Service for any reason, we will return the Device to the Customer. We reserve the right to charge the Customer a “Minimum Charge” of $65 plus any Parts, Disassembly/Reassembly, and Return Postage charges that may apply.
6.14.5 Cancelled Service Tickets
All cancelled “In-Progress” Service Tickets will incur a “Minimum Charge” of $65. Cancelled Service Tickets do not qualify for “No Fix No Fee.” Cancelled “In-Progress” Service Tickets are also subject to Parts, Disassembly/Reassembly, and Return Postage charges.
6.14.6 No-Fix-No-Fee Eligibility
A Device will qualify for “No Fix No Fee” if it is deemed unrepairable or not feasible to repair for the primary problem it was sent in for. In such cases, the Device can be recycled/disposed of at no charge to the Customer for the parts and labor costs incurred. However, a Device will not qualify for “No Fix No Fee” if the primary problem is solved but it has an unrelated secondary problem. If the secondary issue is possibly related to the repair, then we will qualify it as “No Fix.”
6.15 Warranty
Any Service we provide that includes a warranty is subject to our Warranty Terms & Conditions. Following Service, we will install tamper-proof warranty seals. Where applicable, any tampering of these seals will void any such warranty.
6.16 Data Recovery Services
6.16.1 Nature of Data Recovery
The Customer acknowledges that data recovery is a specialist, high-risk service that involves advanced microsoldering and board-level techniques. Data recovery outcomes cannot be guaranteed. SEKI GADGETS makes no representation, warranty, or guarantee, whether expressed or implied, regarding the likelihood, extent, or completeness of any data recovery.
6.16.2 Non-Refundable Attempt Fee
All data recovery services are subject to a mandatory, non-refundable Attempt Fee of $100.00 (AUD), payable before any recovery work commences.
The Attempt Fee covers the specialist labour, materials, and equipment usage required to attempt the recovery, regardless of outcome. The Attempt Fee:
- Is payable in advance and is non-refundable under all circumstances, including where recovery is unsuccessful, partially successful, or where the Customer cancels the service after work has commenced;
- Is separate from and in addition to the full Data Recovery Service Fee;
- Replaces the standard $65 Diagnostic Assessment Fee. The Diagnostic Assessment Fee does not apply to data recovery services.
6.16.3 Two-Stage Billing
Data recovery services operate under a two-stage billing structure:
- Stage 1: Attempt Fee. The non-refundable Attempt Fee of $100.00 is payable before work commences, in accordance with clause 6.16.2.
- Stage 2: Data Recovery Service Fee. If a viable recovery path is achieved, SEKI GADGETS will notify the Customer and issue a final invoice for the full Data Recovery Service Fee. The Data Recovery Service Fee is payable in full upon notification, in accordance with clause 6.16.4.
6.16.4 Payment Upon Notification of Successful Recovery
Where SEKI GADGETS achieves a viable path to data recovery and notifies the Customer of success, the full Data Recovery Service Fee becomes immediately due and payable upon the date of that notification (“Payment Due Date”).
The Customer agrees:
- To pay the full Data Recovery Service Fee by the Payment Due Date;
- That recovered data, USB drives, and any associated deliverables will not be released until the Data Recovery Service Fee is paid in full;
- That failure to pay by the Payment Due Date does not diminish, reduce, or extinguish the Customer’s obligation to pay the full Data Recovery Service Fee;
- That SEKI GADGETS reserves the right to charge an Administration Fee of $25.00 per week for any overdue balance commencing seven (7) calendar days after the Payment Due Date.
6.16.5 Preliminary Snapshot and Acceptance
Where feasible, SEKI GADGETS may provide the Customer with a preliminary snapshot of recoverable data for review purposes. Provision of a preliminary snapshot does not:
- Constitute delivery of the recovered data;
- Reduce or alter the Customer’s obligation to pay the full Data Recovery Service Fee;
- Grant the Customer any right to the recovered data until payment is received in full.
6.16.6 Device Condition After Recovery and Retention of the Logic Board
Data recovery is destructive. Before any recovery work commences, and before the Attempt Fee is payable, the Customer acknowledges and accepts that:
- The data recovery process is carried out at component level on the logic board and will render the Device logic board irreparably damaged;
- The Device will not be functional after the recovery process and cannot be restored to working order;
- SEKI GADGETS retains the logic board. The logic board is not returned to the Customer. We retain it for component recovery. This applies whether the recovery is successful, partially successful, or unsuccessful;
- The NAND (flash memory) chip, which is the component that holds the Customer’s data, is physically removed from the retained logic board, and every copy of the Customer’s data held on our systems and local backup drives is deleted. Both steps are carried out in accordance with clause 6.16.8. We will not sell or transfer a retained logic board to any third party before its NAND chip has been removed;
- The Customer must elect, before the end of the Data Retention Period under clause 6.16.8, one of the following in respect of the remainder of the Device:
- Recycling by SEKI GADGETS, at no charge to the Customer; or
- Reassembly and return of the Device without its logic board. Collection from our premises is always free of charge. Where the Data Recovery Service Fee has been paid in full, return by registered post is also free of charge. In all other cases, return by registered post is at the Customer’s cost, quoted and payable before dispatch;
- If the Customer makes no election, we will hold the remainder of the Device for collection and clause 5.1.3 (Uncollected Devices) applies;
- The election in clause 6.16.6(e) is the Customer’s to make. We will not recycle the remainder of a Device without the Customer having elected recycling or the Device having become uncollected goods under clause 5.1.3.
6.16.7 Passcode and Access Requirements
The Customer must provide accurate device passcodes and access credentials as requested by SEKI GADGETS. If the passcode provided is incorrect, or the Device has been previously restored or factory reset, the Customer remains liable for all fees incurred, including the Attempt Fee and, where recovery work has been performed, the full Data Recovery Service Fee.
This clause operates in addition to clause 6.3.
6.16.8 Data Retention and Deletion
- SEKI GADGETS retains the Customer’s recovered data for a period of thirty (30) calendar days (the “Data Retention Period”), running from:
- the date the Data Recovery Service Fee is paid in full; or
- where no Data Recovery Service Fee becomes payable, including where the recovery is unsuccessful or the service is cancelled, the date we notify the Customer of the outcome of the recovery attempt.
- At the end of the Data Retention Period we will, as soon as practicable:
- Permanently delete every copy of the Customer’s data held by us, including the delivered recovery, any iTunes backups, any recovery extracts, and all working copies held on our local backup drives;
- Physically remove the NAND (flash memory) chip from the retained logic board, in accordance with clause 6.16.6(d);
- Dispose of any uncollected physical media, including USB drives.
- SEKI GADGETS will notify the Customer before deletion.
- Once the steps in clause 6.16.8(b) have been carried out, the Customer’s data cannot be recovered again, either from the Device or from our systems. The Customer is responsible for saving their own copy of the recovered data within the Data Retention Period.
6.16.9 Cancellation of Data Recovery Services
If the Customer cancels a data recovery service:
- Before work commences: The Attempt Fee remains non-refundable if already paid. If work has not yet commenced and the Attempt Fee has not yet been paid, no charges apply.
- After work commences but before successful recovery: The Attempt Fee remains non-refundable. No additional charges apply beyond the Attempt Fee.
- After notification of successful recovery: Both the Attempt Fee and the full Data Recovery Service Fee are payable. The Customer may not cancel to avoid payment of the Data Recovery Service Fee after a successful recovery path has been achieved.
6.16.10 No-Fix-No-Fee Exclusion
Data recovery services are expressly excluded from the No-Fix-No-Fee policy outlined in clause 6.14.6. The non-refundable Attempt Fee applies regardless of recovery outcome.
7. General Provisions
7.1 Health and Safety
We reserve the right to refuse Service on any Device that poses a Safety or Health risk, including Devices contaminated by liquids, biological matter, or hazardous substances. Where public health circumstances require, we may introduce temporary health and safety measures for appointments, drop-offs, and collections. Any such measures will be published on our website and apply to all Services while they remain in effect.
7.2 Your Privacy
Subject to our Privacy Policy, we require the Customer’s full name, address, email address, phone number, and any other relevant details so that we can communicate their Service progress, notify them when their Service is complete, and provide them with an efficient after-sales service. If the Customer has agreed for us to do so, we may also send them text messages and/or emails from time to time to obtain their feedback, alert them to new Services and promotions, or provide them with policy updates. By using our Services, the Customer consents to such processing and warrants that all data provided by them is accurate and up to date.
7.3 Support Hours
Our support hours are 10:00am to 6:00pm Monday to Friday (Canberra time). We are closed on weekends and national public holidays.
7.4 Delivery and Collection Policy
For detailed information about our device delivery and collection practices, please refer to section 5 (“Device Delivery and Collection”) of these Terms. This section outlines specific requirements and procedures for both in-store and mail-in services. The selections the Customer makes during their mail-in booking, including any additional insurance cover and specific handling instructions, are the instructions we follow when handling and returning their Device. Where the Customer does not select additional insurance cover, return shipping is covered only by the standard carrier compensation provided with Australia Post Express, and SEKI GADGETS assumes no liability for damages, losses, or delays in transit beyond that standard cover. Devices not shipped in their original packaging are more susceptible to damage during shipping. If the Customer sends us their Device in a generic box, it will be shipped back to them in a generic box at their own risk.
7.5 Language
These Terms will be interpreted and construed exclusively in English. All notices and correspondence relating to the Terms will be written exclusively in that language.
7.6 Termination
Without prejudice to our other rights under these Terms, we expressly reserve the right to terminate this Agreement in the event of a breach of this Agreement and/or where the Customer or any of its representatives engages in conduct deemed inappropriate, abusive, threatening, or otherwise unacceptable towards our staff or employees, either in any form of electronic communications or in person at our premises. Subsequent to the termination of this Agreement, we may, at our sole discretion, undertake such actions as we deem appropriate, including but not limited to, withholding the provision of any of our Products or Services and/or initiating legal proceedings.
7.7 Liability
The Customer agrees to indemnify, defend, and hold us harmless against any and all claims, liabilities, damages, losses, and expenses, whether direct or indirect, of any nature or description, arising out of or in connection with the performance of any Services provided. This indemnification obligation shall extend to, but not be limited to, any indirect, special, or consequential loss or damage resulting from the Services rendered, including but not limited to loss of business, revenue, profits, anticipated savings, goodwill, or any other indirect or consequential loss or damage of any kind, regardless of the cause. This provision shall be applicable without limitation to any travel or transportation expenses, as well as any loss or damage to accessories. This does not exclude or limit in any way our liability where it would be unlawful for us to do so, which includes liability for death or personal injury caused by our negligence (or the negligence of our employees, agents, or subcontractors) and for fraud or fraudulent misrepresentation.
7.8 Entire Agreement
This Agreement and any other documents expressly referred to herein constitute the entire Agreement between the Customer and SEKI GADGETS.
7.9 Force Majeure
We will not be responsible and will not pay any compensation where we are prevented or delayed from performing our obligations under this Agreement due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, or gas, water, or other utility disruptions.
7.10 Assignment
The Customer may not assign, transfer, or sub-contract any of their rights and/or obligations under these Terms, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
7.11 Severability
If a court finds any part of this Agreement illegal, invalid, or otherwise unenforceable, the rest will continue in full force and effect. Each of the paragraphs in this Agreement operates separately.
7.12 Agreement
This Agreement does not need to be signed to apply. We may, at our sole discretion, request the Customer to sign this Agreement. Reading, agreeing to Services (even without reading the Agreement), or otherwise submitting your Device for Service shall execute this Agreement into effect.
7.13 Variation
We reserve the right to update, change, or replace any part of these Terms at any time. The most recent version shall be deemed to be in effect.
7.14 Governing Law
This Agreement is governed by the Laws of the Australian Capital Territory, Australia. The Parties hereby submit to the non-exclusive jurisdiction of the Australian Capital Territory courts in relation to any dispute arising from or in connection with this Agreement.