Terms of Service

THE BEACH GEEK PTY LTD (ABN 93 655 538 060)
(Web-Posted Terms — Applies to All Subscription Plans)

 

1. Introduction

1.1 Who We Are
These Terms of Service (“Terms”) govern your subscription to technology, cybersecurity, support, and managed services provided by The Beach Geek Pty Ltd (“The Beach Geek”, “we”, “our”, “us”).

1.2 What These Terms Cover
These Terms apply to all available subscription plans.

All plans are governed by the Universal Plan Terms. You can find this here: Insert Link

1.3 Acceptance of Terms
By creating an account, signing up for a plan, using our services, or checking the “I agree” box during signup, you acknowledge that:

  • you have read, understood, and agree to these Terms;
  • you agree to any additional Plan Terms, Policies, or Notices referenced herein;
  • these Terms form a binding agreement between you and The Beach Geek™ .
  • If you do not agree, you must not use our Services.

2. Definitions

2.1 Key Terms
Only essential definitions are included here. Additional definitions may appear in Plan Terms.

  • Client / You – The person or entity subscribing to our services.
  • Device – Any supported computer, laptop, server, or endpoint.
  • User – A person with an active Microsoft 365 or Google Workspace account managed or supported by us.
  • Site – A physical business location we support.
  • Tenant – A Microsoft 365 or Google Workspace organisation.
  • Services – The managed services you subscribe to under your chosen plan.
  • Plan Terms – The specific inclusions, exclusions, and pricing of your plan.
  • Policies – SLA, Acceptable Use Policy, Fair Use Policy, Privacy Policy, and other referenced documents.
  • Fees – Subscription charges and any Additional Charges.
  • Additional Charges – Fees for services not included in your plan (e.g. projects, onsite work, after-hours support).
  • Onboarding – The setup and deployment required before ongoing services begin.
  • Offboarding – Removal of tools and secure disengagement after termination.
  • Cyber Incident – Any event that threatens system confidentiality, integrity, or availability.

2.2 Policy Locations
All Policies referenced in these Terms are available on our website.

3. Term & Renewal

3.1 Month-to-Month Subscription
Your subscription operates on a month-to-month basis starting from your Commencement Date.

3.2 Termination by Notice
Either party may terminate the subscription by giving 90 days’ written notice.

3.3 Immediate Termination
We may terminate immediately if:
a. fees remain unpaid after reminders;
b. you pose a security risk;
c. you engage in abusive or unlawful behaviour;
d. you breach these Terms and fail to remedy within 14 days.

3.4 Services During Notice Period
All Fees remain payable until the end of the 90-day notice period.

3.5 Offboarding
At the end of the notice period, we will remove tools, revoke access, and provide relevant handover information.

In some cases, additional work may be required to fully remove access, unwind configurations, or revert settings previously applied within the Client’s environment. Where this additional work is outside standard offboarding, it may incur additional fees. These fees will be quoted in advance and must be paid before the corresponding tasks are completed.Shape

4. Onboarding

4.1 Client Requirements
To begin service, you must provide:
a. admin access to relevant systems;
b. details of Devices, Users, Sites, and Tenants;
c. business contact information;
d. licensing information (e.g. Microsoft 365 / Google Workspace).

4.2 Deployment
We will install monitoring and security tools, configure platforms, perform health checks, and establish support processes.

4.3 Service Commencement
Ongoing service delivery begins once Onboarding is completed.
Delays caused by the Client may delay commencement without reducing Fees.

5. Customer Responsibilities

5.1 Licensing Requirements
You must maintain valid, active, and compliant licences for all software used within your environment, including (but not limited to) Microsoft 365, Microsoft Windows, Google Workspace, and any other third-party applications deployed on your systems.

All third-party software must be properly licensed, up to date, and compliant with the applicable vendor’s licensing terms. The Beach Geek™ is not responsible or liable for any licensing breach, audit finding, penalty, or non-compliance arising from the Client’s failure to maintain correct and lawful software licensing.

5.2 Supported Systems
We provide support only for systems listed as supported in your Plan Terms. Unsupported or outdated systems may incur Additional Charges or may not be serviced.

5.3 Access Requirements
You must provide:

  • required admin access;
  • remote access to Devices;
  • passwords or MFA approvals where needed.
  • Delays in access directly affect service delivery.

5.4 Cybersecurity Hygiene
You must follow reasonable security practices, including:

  • using unique passwords;
  • enabling MFA;
  • keeping systems patched;
  • avoiding unsafe behaviour online.

5.5 Behaviour Expectations
Abusive, threatening, or unreasonable behaviour toward our staff will result in service suspension or termination.

6. Billing & Payment

6.1 Billing Cycle
Fees are billed monthly in advance.

6.2 Payment Method
Payments must be made via approved automated methods (e.g. credit card or direct debit).

6.3 Prorated Adjustments
Changes to Device/User/Site/Tenant counts are automatically billed or credited pro-rata for the remainder of the billing cycle.

6.4 Late Fees
Overdue invoices may incur late fees or service suspension.

6.5 Price Changes
We may adjust pricing at any time by giving 30 days’ notice.
Your continued use after the notice period constitutes acceptance.

6.6 No Refunds
Fees are non-refundable once a billing cycle has commenced.

6.7 GST & Tax Invoices
All Fees are subject to GST, and tax invoices are issued electronically.

7. Exclusions

Unless your plan specifically states otherwise, the following are excluded:

  • BYO or third-party-supplied hardware issues
  • Third-party outages (e.g. Microsoft, Google, ISPs)
  • Hardware failures
  • Unsupported operating systems
  • Project work, migrations, or implementations
  • Emergency after-hours support
  • Data recovery beyond standard backups
  • Advanced cloud or network architecture
  • Remediation or compliance uplift work

These may be quoted separately or billed as Additional Charges.

8. Suspension of Services

  • We may suspend Services if:
  • Fees remain unpaid
  • You present a material security risk
  • You violate the Fair Use or Acceptable Use Policies
  • You behave abusively toward staff

Suspension does not remove your obligation to pay outstanding Fees.

9. Limitation of Liability

9.1 Liability Cap
Our total liability for any claim is limited to the Fees paid in the previous 1 month.

9.2 Excluded Losses
We are not liable for:

  • indirect or consequential loss;
  • loss of profit, data, or business;
  • third-party outages;
  • your failure to follow security recommendations.

10. Indemnities

You agree to indemnify us against losses arising from:

  • your unlawful use of services;
  • your breach of these Terms;
  • your negligence or misuse of systems;
  • failure to maintain appropriate cybersecurity practices.

We indemnify you for losses arising from our own negligent or unlawful conduct.

11. Variations

We may update these Terms from time to time.
Updates will take effect after being published on our website.
Your continued use of the Services indicates acceptance.

12. Notices

Notices may be provided by:

  • email
  • updates posted on our website
  • updates within your account portal (if provided)

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia.
You submit to the non-exclusive jurisdiction of NSW courts.

14. Contact Information

Enquiries: Use Website contact form.
Website: https://thebeachgeek.com.au
Postal: PO Box 308, Tuncurry NSW 2428