Terms of Service
JD Technology Services Pty Ltd (ABN 32 682 813 305) trading as JD Technology Services
Unit 3, 23–25 South Street, Wodonga VIC 3690
contact@jdtech.com.au | (02) 6088 6520
Version 2.0 | Effective Date: 1 January 2026
1. Parties and Application
1.1 These General Terms of Service (Terms) govern the relationship between JD Technology Services Pty Ltd (ABN 32 682 813 305) trading as JD Technology Services (JDTech, we, us, our) and the individual or entity engaging our services (Client, you, your).
1.2 By completing our new client form, engaging our services, or accepting a proposal or quote, you confirm that you have read and understood these Terms and agree to be bound by them.
1.3 Where a Client is engaged under a Managed Services Agreement or signed project proposal, those documents incorporate these Terms by reference. In the event of any inconsistency, the Managed Services Agreement or proposal takes precedence over these Terms.
1.4 If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity.
2. Definitions
ACL — The Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Hours — 9:00am to 5:00pm AEDT or AEST (as applicable), Monday to Friday, excluding Victorian public holidays.
Client — The individual, business, or entity engaging JDTech’s services.
Goods — Hardware, physical equipment, or products supplied by JDTech.
GST — Has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Managed Services Agreement — A separate agreement between JDTech and a Client for the ongoing provision of managed IT services.
Services — All IT support, consulting, repair, installation, web design, hosting, software resale, hardware supply, and related services provided by JDTech.
Terms — These General Terms of Service, as amended in accordance with clause 18.
3. Acknowledgment of Risk
3.1 IT work involves inherent complexity. Depending on the nature of the work performed, risks may include partial or complete data loss, hardware damage, system downtime, or misdiagnosis of technical issues.
3.2 JDTech will take all reasonable precautions to minimise these risks and will inform you of foreseeable risks before commencing work where practicable. Some risks may not be foreseeable in advance.
3.3 By engaging our services, you acknowledge the inherent risks associated with IT work and confirm that you have been given the opportunity to ask questions before work commences.
4. Limitation of Liability
4.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the ACL or any other applicable law that cannot lawfully be excluded.
4.2 To the maximum extent permitted by law, JDTech’s total liability to you for any claim arising out of or in connection with our Services is limited to the lesser of:
- (a) the total fees paid by you to JDTech in the 12 months immediately preceding the event giving rise to the claim; or
- (b) the re-supply of the Services to which the claim relates.
4.3 To the maximum extent permitted by law, JDTech’s liability in connection with Goods is limited to one or more of the following at JDTech’s election:
- (a) replacement of the Goods or supply of equivalent Goods;
- (b) repair of the Goods;
- (c) payment of the cost of replacing the Goods or acquiring equivalent Goods; or
- (d) payment of the cost of having the Goods repaired.
4.4 Subject to clauses 4.1 and 4.2, JDTech will not be liable for any indirect, consequential, special, or incidental loss, including but not limited to loss of revenue, loss of profit, loss of data, or loss of business opportunity, however caused.
4.5 JDTech maintains professional indemnity and public liability insurance. A certificate of currency is available on request.
5. Warranty
5.1 Work completed by JDTech is covered by a 30-day warranty from the date the Client is notified of completion. If the same issue resurfaces within this period, JDTech will reassess and re-diagnose the issue at no additional charge, subject to clause 5.2.
5.2 The warranty in clause 5.1 does not apply where JDTech reasonably determines that the issue has been caused or contributed to by:
- (a) misuse, accidental damage, or unauthorised modifications made by the Client or a third party after completion of the work;
- (b) failure of third-party hardware or software not supplied by JDTech; or
- (c) circumstances outside JDTech’s reasonable control.
5.3 Where JDTech determines that clause 5.2 applies, we will notify you in writing with reasons before undertaking any additional work. If you dispute the determination, you may request that the matter be reviewed in accordance with clause 19. Additional diagnosis and repair work will be quoted separately before commencement.
5.4 The warranty in this clause is in addition to, and does not limit, any rights you may have under the ACL, including guarantees that services will be provided with due care and skill.
6. Software
6.1 JDTech partners with various software vendors to resell and provision software to clients. All software is provided in accordance with the original terms and conditions set by the respective software vendors. JDTech does not offer warranties or representations beyond those provided by the software vendor.
6.2 Where software is sold or provisioned by JDTech, it is provided on an “as is” basis subject to the relevant vendor’s terms. Clients are responsible for ensuring their use of any software complies with the applicable licence terms.
6.3 Certain software deployed by JDTech — including website plugins, themes, and development tools — is licensed under JDTech’s developer or agency accounts. This software remains the property of JDTech or its licensors at all times. Where a Client’s engagement with JDTech ends, JDTech will identify any such software as part of the offboarding process and allow reasonable time for the Client to transition to their own licences before access lapses.
6.4 If a Client’s engagement with JDTech ends and they wish to retain software that was deployed under JDTech’s developer accounts, the Client will need to separately purchase their own licence for that software directly from the vendor. JDTech will identify any affected software as part of the offboarding process.
6.5 Where JDTech provisions managed software tools — including but not limited to endpoint security, password management, email signature management, or backup solutions — as part of an ongoing services engagement, the terms governing those tools are set out in the relevant Managed Services Agreement.
7. Hardware Warranty
7.1 Hardware purchased through JDTech retains the original manufacturer’s warranty. JDTech will maintain warranty records on file to assist with any claims during the warranty period.
7.2 To make a warranty claim, contact JDTech directly. We will liaise with the manufacturer or supplier on your behalf where possible.
7.3 While manufacturer warranty coverage applies to eligible hardware, JDTech may charge for time and labour involved in facilitating a warranty claim. Any such charges will be communicated to you before work is undertaken.
7.4 Manufacturer warranties do not cover damage caused by misuse, accidental damage, unauthorised modifications, or circumstances outside normal operating conditions. JDTech is not responsible for warranty claims rejected by the manufacturer on these or any other grounds.
8. GST and Pricing
8.1 All fees and charges quoted by JDTech are exclusive of GST unless expressly stated otherwise. GST will be added to invoices at the applicable rate.
8.2 Quoted prices are valid for 10 days from the date of issue unless otherwise specified. JDTech reserves the right to requote after this period.
8.3 JDTech reserves the right to adjust its standard service rates from time to time. For ad hoc clients, updated rates apply to work commenced after the date of any change. For managed services clients, price review is governed by the Managed Services Agreement.
9. Deposits and Payments
9.1 Certain jobs require a deposit before commencement. Where a deposit is required, JDTech will notify you at the quotation stage. Deposits are non-refundable once work has commenced.
9.2 Unless otherwise agreed in writing prior to commencement, payment in full is required before the release or return of any goods, completed work, or digital deliverables.
9.3 For business clients, invoices are due within 10 days of the invoice date. For ad hoc consumer clients, payment is due upon completion of work unless otherwise agreed.
9.4 Where an invoice remains unpaid 30 days after the due date, a late payment fee of 5% of the outstanding invoice amount will be applied.
9.5 Where an invoice remains unpaid 30 days after the due date, JDTech will issue a written reminder. If payment or a payment arrangement is not made within 14 days of that reminder, JDTech reserves the right to suspend services until the outstanding balance is settled. JDTech will provide written notice before suspending services.
9.6 Suspension of services under clause 9.5 does not release the Client from any obligations under these Terms or any Managed Services Agreement. JDTech is not liable for any loss or disruption arising from a suspension due to non-payment.
9.7 If a suspended account remains unpaid for a further 30 days, JDTech may terminate the engagement in accordance with clause 17.
10. Ad Hoc Services
10.1 For clients not engaged under a Managed Services Agreement, a minimum charge of 30 minutes applies to all work undertaken, regardless of the actual time spent. Work beyond 30 minutes is charged in 30-minute increments at JDTech’s then-current standard hourly rate.
10.2 All ad hoc work is performed during Business Hours unless otherwise agreed. After-hours support is available subject to technician availability and is not guaranteed.
10.3 After-hours support requests are subject to an after-hours callout fee in addition to standard time-based charges. This fee will be communicated to you before work is commenced.
10.4 A commercial service call fee may apply to on-site visits at the discretion of JDTech. This fee covers travel, priority scheduling, and rapid response where applicable. Where a service call fee applies, JDTech will notify you before commencement of work.
10.5 The commercial service call fee does not typically apply to residential or small business clients, or to clients engaged under a Managed Services Agreement unless expressly agreed.
10.6 Fees and charges may vary depending on the nature, urgency, and location of the work. JDTech encourages clients to request a verbal or written estimate before work commences if there is any uncertainty about applicable charges.
11. Travel
11.1 Travel fees are not typically applied for work performed within Wodonga. Work performed outside of Wodonga will generally incur a travel charge at JDTech’s then-current applicable rate.
11.2 Depending on the nature and urgency of the work, a residential or commercial service call fee may also apply to on-site visits outside Wodonga, in addition to time-based and travel charges.
11.3 As no two jobs are identical, travel charges may vary. If you are uncertain about travel costs for a particular job, you are encouraged to request a verbal or written estimate before work commences.
12. Bookings and Cancellations
12.1 JDTech reserves the right to charge a cancellation fee for cancelled or rescheduled bookings and appointments. Whether a cancellation fee applies will be assessed on a case-by-case basis, taking into account the notice given and any preparation or costs already incurred.
12.2 JDTech understands that cancellations are sometimes unavoidable. Cancellation fees will be waived at JDTech’s discretion where reasonable notice is provided or where the circumstances warrant it.
12.3 JDTech reserves the right to reschedule appointments where necessary due to technician availability, emergencies, or circumstances outside our control. We will provide as much notice as practicable in these situations.
13. Client Hardware Retention
13.1 JDTech will make every reasonable effort to contact clients regarding the collection of serviced, repaired, or purchased hardware. Where practicable, JDTech will make at least two documented attempts to contact the Client before the period in clause 13.2 expires.
13.2 If hardware or other physical equipment is not collected within 90 days of the Client being notified of completion, it will be deemed abandoned.
13.3 Abandoned hardware may be retained, resold, recycled, or disposed of at JDTech’s sole discretion, without further notice or liability to the Client.
13.4 Prior to any resale or disposal of abandoned hardware, JDTech will take reasonable steps to securely wipe or destroy any data stored on the device in accordance with industry-standard data destruction practices.
13.5 JDTech accepts no responsibility for any loss, damage, or data remaining on hardware after the 90-day period has elapsed.
13.6 This policy applies to all physical goods in JDTech’s possession, including but not limited to repaired equipment, replacement parts, and devices purchased on behalf of clients.
14. Intellectual Property
14.1 Upon receipt of payment in full for a project, the Client owns the deliverables produced specifically for them under that project, including custom code, website content, and design elements created by JDTech.
14.2 JDTech retains ownership of all pre-existing intellectual property, including tools, templates, frameworks, methodologies, and know-how developed independently of the Client engagement. Nothing in these Terms transfers ownership of JDTech’s pre-existing intellectual property to the Client.
14.3 Certain software, plugins, themes, and tools deployed by JDTech in the course of delivering services are licensed under JDTech’s developer or agency accounts. This software remains the property of JDTech or its licensors and does not transfer to the Client upon project completion or end of engagement.
14.4 Where a Client wishes to take ownership of or transfer a website or system that includes software deployed under JDTech’s developer accounts, the Client will be required to independently purchase the relevant licences directly from the applicable vendors. JDTech will provide a list of affected software as part of the offboarding process.
14.5 Any content, materials, or assets provided by the Client to JDTech for use in delivering services remain the property of the Client. The Client warrants that they have the right to use and provide all such materials, and indemnifies JDTech against any third-party claim arising from the use of Client-provided materials.
14.6 Where JDTech sources third-party stock imagery, media, or licensed assets on behalf of a Client, those assets are subject to the licensing terms of the relevant provider and may not transfer to the Client upon end of engagement. JDTech will advise the Client of any such assets as part of the offboarding process.
14.7 A transfer or offboarding fee may apply to cover JDTech’s administrative time in facilitating the handover of websites, systems, or digital assets. This fee will be communicated to the Client before the transfer process commences.
15. Data Handling and Privacy
15.1 JDTech collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our Privacy Policy, available at jdtech.com.au/privacy-policy/, sets out in full how we collect, use, store, and disclose personal information.
15.2 Personal information collected by JDTech is used for the purpose of delivering services, communicating with clients, managing accounts, and meeting our legal obligations. We do not sell or disclose personal information to third parties for their own commercial purposes.
15.3 JDTech may share personal information with third-party service providers where necessary to deliver our services — including cloud platform providers, software vendors, and infrastructure partners. JDTech selects third-party service providers on the basis of their compliance with applicable privacy and security standards.
15.4 JDTech is subject to the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth). In the event of an eligible data breach that is likely to result in serious harm, JDTech will notify affected individuals and the Office of the Australian Information Commissioner as required by law.
15.5 JDTech may use your contact details to send occasional service updates, follow-up communications, and marketing material. You may opt out of marketing communications at any time by contacting us at contact@jdtech.com.au. Opting out of marketing will not affect the delivery of your services.
15.6 You may request access to, correction of, or deletion of your personal information at any time by contacting us at contact@jdtech.com.au, subject to any legal or regulatory obligations requiring us to retain that information.
15.7 For clients engaged under a Managed Services Agreement, additional data handling obligations — including in relation to client systems, credentials, and data processed on your behalf — are set out in the Managed Services Agreement.
16. Reciprocal Agreement
16.1 JDTech is committed to maintaining a professional, respectful, and transparent working relationship with every client. In entering into a relationship with JDTech, both parties agree to conduct themselves in accordance with the following principles:
- Act with integrity in all dealings
- Communicate openly, honestly, and respectfully
- Respond to communications in a timely manner
- Demonstrate patience and understanding
- Never discriminate on the basis of any protected attribute
- Respect personal and professional boundaries at all times
16.2 These principles apply equally to JDTech and to our clients throughout the entire client relationship.
16.3 Where JDTech reasonably believes a Client has breached the principles in clause 16.1 or any other provision of these Terms, JDTech will notify the Client in writing. Where the breach is capable of remedy, the Client will be given a reasonable opportunity of not less than 14 days to remedy it before any further action is taken.
16.4 JDTech reserves the right to terminate the client relationship immediately and without notice where a breach is serious, involves harassment, discrimination, or threatening behaviour toward JDTech or its personnel, or is incapable of remedy.
16.5 Upon termination under this clause, fees for work already performed or committed to are non-refundable, subject to any rights the Client may have under the ACL. JDTech will provide written notice of termination.
17. Termination
17.1 Either party may terminate an ongoing engagement by providing reasonable written notice to the other party. What constitutes reasonable notice will depend on the nature and duration of the engagement.
17.2 For clients engaged under a Managed Services Agreement, termination is governed by the notice periods and conditions set out in that agreement, including any applicable early termination provisions.
17.3 JDTech may terminate an engagement immediately and without notice where:
- (a) the Client fails to make payment in accordance with clause 9 and does not remedy that failure within the period set out in that clause;
- (b) the Client commits a serious breach of these Terms that is incapable of remedy; or
- (c) the Client engages in conduct described in clause 16.4.
17.4 Upon termination of an engagement for any reason:
- (a) all outstanding fees for work performed or committed to prior to termination become immediately due and payable;
- (b) each party will promptly return or, where requested, destroy confidential or proprietary information belonging to the other party; and
- (c) JDTech will facilitate the return of any Client-owned data, assets, or access credentials in accordance with any offboarding process applicable to the engagement.
17.5 Clauses that by their nature survive termination — including limitation of liability, intellectual property, data handling, and any accrued payment obligations — continue in force after termination of any engagement.
18. Changes to Terms
18.1 JDTech may update these Terms from time to time. The current version will always be available at jdtech.com.au/terms-of-service/ and will display the effective date of the most recent update.
18.2 For material changes — including changes that affect pricing, liability, or client rights — JDTech will provide at least 30 days’ written notice to existing clients before the changes take effect.
18.3 For minor or administrative changes that do not materially affect client rights or obligations, JDTech may update these Terms without prior notice. The updated Terms will take effect from the date published.
18.4 Where a material change is unacceptable to you, you may terminate your engagement with JDTech by providing written notice before the change takes effect. Continued use of JDTech’s services after the effective date of any change constitutes acceptance of the updated Terms.
18.5 Changes to a Managed Services Agreement require written agreement from both parties and are not governed by this clause.
19. Governing Law and Dispute Resolution
19.1 These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.
19.2 If a dispute arises in connection with these Terms or any engagement with JDTech, the parties agree to attempt to resolve it through the following process before initiating legal proceedings:
- (a) Notice — the party raising the dispute provides written notice to the other party setting out the nature of the dispute and the outcome sought;
- (b) Negotiation — the parties will attempt to resolve the dispute in good faith within 14 days of the notice being received; and
- (c) Mediation — if the dispute is not resolved through negotiation, either party may refer it to mediation administered by a mutually agreed mediator, or if no agreement is reached, by a mediator appointed by the Resolution Institute (or its successor body).
19.3 Nothing in clause 19.2 prevents either party from seeking urgent injunctive or other interlocutory relief from a court where necessary to protect their rights.
19.4 For consumer disputes, nothing in this clause affects your rights to access external dispute resolution bodies or remedies available under the ACL.
20. General Provisions
20.1 Severability — If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
20.2 Waiver — A failure or delay by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach of the same or any other provision.
20.3 Entire Agreement — These Terms, together with any accepted proposal or quote, or Managed Services Agreement, constitute the entire agreement between the parties in relation to the subject matter and supersede all prior discussions, representations, and agreements.
20.4 Assignment — The Client may not assign or transfer any rights or obligations under these Terms without JDTech’s prior written consent. JDTech may assign its rights and obligations to a related entity or a successor in connection with a business sale or restructure, provided this does not materially disadvantage the Client.
20.5 Notices — Written notices under these Terms may be given by email to the contact addresses held on file for each party. Notices are deemed received on the next day falling within Business Hours after sending, provided no delivery failure notification is received.
20.6 Independent Contractor — JDTech operates as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between JDTech and the Client.
JD Technology Services Pty Ltd (ABN 32 682 813 305) trading as JD Technology Services
contact@jdtech.com.au | (02) 6088 6520 | jdtech.com.au