These terms and conditions ("Terms") govern the supply of Data Recovery Services to you by Technetics Data Recovery Pty Ltd as Trustee for Tasevski Trust (ABN 18 983 820 474) of (Technetics) with registered office at 200 Gladstone Street South Melbourne, in the State of Victoria, Australia (Technetics, “ we”, “us” or “our”). A refer to the customer who enters into a Service Agreement with us is either “Customer”, “you”, or “your”. Please read these Terms carefully before you request a Quotation. By requesting a Quotation, you agree to be bound by these Terms.


In these Terms the following definitions will apply:

  • Claim means any claim, demand, action, proceeding or legal process (including by way of set off, cross-claim or counterclaim).
  • Confidential Information means all confidential information (however recorded or preserved) disclosed by either party to the other party in connection with the Services, including but not limited to your Data, our Data and any information that would be regarded as confidential by either party;
  • Consequential Loss means (a) economic loss; (b) business interruption; (c) loss of revenue, profits, actual or potential business opportunities or contracts; (d) anticipated savings; (e) loss of profits; (f) loss of data; (g) an obligation to indemnify another person; (h) an obligation to contribute to the compensation of loss or damage suffered by another person and (i) consequential loss within the meaning of Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd [2008] VSCA 26.
  • Data means any data in electronic form of any description, including 'Personal Information', which is stored on the Equipment or otherwise provided to us by you or on your behalf;
  • Equipment means your any device which contains Media such as a Mobile Phone or other hardware;
  • Fee means the fee payable by you for the Services, as set out in the relevant Quotation;
  • Intellectual Property Rights or IP Rights means all industrial and intellectual property rights of any kind which may subsist in Australia or anywhere else in the world, including without limitation: (a) patents, copyright, rights in circuit layouts, designs, trademarks (including goodwill in those marks) and domain names; (b) any application or right to apply for registration of any of the rights referred to in paragraph (a) of this definition; and (c) all rights of a similar nature to any of the rights in paragraphs (a) or (b) of this definition – whether or not such rights are registered or capable of being registered; and (d) Future IP Rights.
  • Media means storage media such as hard-drives, SSD or USB drive;
  • Mobile Phone means any mobile telephone;
  • Order has the meaning given in clause 4.3;
  • Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
  • Privacy Laws means all laws which regulate the access to or the use, disclosure, retention or processing of Personal Information including the Privacy Act 1988 (Cth), the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 (Vic), and the Spam Act 2003 (Cth).
  • Quotation has the meaning given in clause 4.2;
  • Services means the data recovery services and ancillary services we agree to provide you in writing, as set out in an Order; and
  • Website means our website at https://www.techneticsdata.com.au or such other website as we use to operate our business from time to time.
  • 3.1 For standard data recovery, following an initial telephone consultation, submission of an online form via our Website or email you will send us your Media or Equipment for our evaluation.
  • 3.2 We will :
    • Examine the Media to determine:
      • What Data is accessible on the Media.
      • The cause of any damage to the Equipment and/or the Data on the Media;
      • The amount of Data (if any) likely to be recoverable on the Media;
      • If you have submitted a broken Mobile Phone, whether a repair is possible to your Mobile Phone and what hardware, if any, needs to be repaired or replaced to restore any functionality to the Mobile Phone;
    • Provide you with a quotation setting out the scope of Services based on our evaluation and applicable Fee;
    • Provide you with an estimated completion date for the Services; and
    • The costs of returning the Equipment and or Media ("Quotation").
  • 3.3 Following receipt of our Quotation, you may at your option either:
    • Accept the Quotation by approving the Quotation via email or verbally;
    • Submit a request for us to return your Equipment (if applicable), the delivery cost of which you agree to pay; or
    • Submit a request for us to destroy your Media or Equipment, in which case we will be permitted to immediately destroy your Media or Equipment. Once we receive your approval of the quotation we must first agree to provide the Services in writing, where we do an Order is created (Order). If we do not receive a quotation acceptance from you or request that we return your Media or Equipment to you within 90 days of the Quotation, you authorize us to dispose of your Media or Equipment in accordance with applicable law.
  • 3.4 Once an Order is created a Contract is formed and is composed of the Quotation, and these Terms ("Service Agreement").
  • In consideration of the payment of the Fee, we will provide the Services to you.  In providing the Services, we will: (i) use reasonable endeavours to retrieve, replicate, reconstruct, provide access to, convert, recover and return any recovered Data from the Media or Equipment to you on an encrypted hard-drive or USB stick (or other hard-drive provided by you); (ii) if set out a Service Agreement, repair the Mobile Phone; and (iii) carry out such other services that we have agreed to perform for you in writing.  All Services will be provided according to the Service Descriptions.
  • Mobile Phone Repair.  We do not offer a standalone Mobile Phone repair.
  • We may need certain information from you such as user names, passwords, and/or pin codes. If you do not provide this information within a reasonable time of our request we will be unable to complete the Services until such time as you do.
  • We will use our best endeavors to complete the Services by the estimated completion date, however, we accept no responsibility, and will not be liable, for failing to complete the Services by the estimated completion date including where you fail to provide us with information we reasonably request.
  • We may suspend, cancel or vary the Services: (i) if we encounter technical problems or technical changes are required; (ii) to reflect changes in relevant laws and regulatory requirements; or (iii) if you require changes to the Services.  If we cancel the Services, we will refund you for any  Services paid for but not received.  If we vary the Services, we will negotiate with you in good faith any variation to the Fee.
  • Where we agree to undertake repairs under a Service Agreement to the extent permitted by law we offer no guarantee that the Services will be consistent with any warranty offered by the original equipment manufacturer. The success of our data recovery services is always dependent on the Media or Equipment you provide, there are instances where damage to the Media, Data or Equipment is present which prevents us from successfully recovering Data. This is not a defect in our Service.
  • 5.1 All IP Rights in deliverables and our Services are owned by us, or where relevant our licensors. You must not:
    • Do anything which may infringe, jeopardise or challenge such rights; and
    • Commercialise or attempt to commercialise such rights.
  • 5.2 Unless expressly stated otherwise in these terms we own all IP Rights:
    • And intellectual property (including derivative works) which arise from the provision of our Services.
    • Relating to a Service, including know how and improvements developed in the course of a Service Agreement.
  • 5.3 We own all customisations, modifications, enhancements, adaptations, and updates to Deliverables.
  • 5.4 The Technetics logo and the Technetics name are trademarks of Technetics Pty Ltd. Other trademarks that may appear on our website are the property of our respective licensors.
  • 5.5 You must not use any trademark without the prior written consent of the relevant owner.
  • 5.6 Except to the extent of any licence expressly granted to you, you obtain no interest in our IP Rights under a Service Agreement. We are not required to license deliverables to you after we cease providing Services, unless a Service Agreement says otherwise.
  • 5.7 You grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate into our Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Services.
  • 6.1 Without affecting any other right or remedy available to the Party, either Party may terminate the Service Agreement with immediate effect by giving written notice if the other Party commits a material breach of these Terms which is not capable of remedy or, if such breach is capable of remedy, fails to remedy that breach within a period of 7 days after being notified in writing to do so by the other Party. A failure to pay the Fee constitutes a material breach;
  • 6.2 On termination of the Service Agreement, you must pay to us all amounts due and payable within 7 days.
  • 7.1 You represent and warrant to us that:
    • you have full legal capacity and power to enter into, and to exercise your rights and perform your obligations under these Terms and the Service Agreement;
      (ii) you have full authority, power and capacity to agree to these Terms and the Service Agreement;
    • All the information that you provide to us in connection with your Order is true, accurate, complete and not misleading;
    • You either own or otherwise have the right to use the Equipment, Media and the Data (including the Intellectual Property Rights in the Data);
    • The supply of the Equipment, Media and/or Data to us and the exercise by us of our rights under these terms will not infringe the rights (including Intellectual Property Rights) of any third parties;
      (vi)The supply of the Equipment, Media and/or Data to us will not breach any applicable law;
    • You are authorised and legally permitted to grant access to the Data;
    • The Equipment and Data does not and does not contain any material which may infringe the Intellectual Property Rights of any third party; and
      the Equipment and Data does not contain any material which will breach applicable law. You must provide documentary evidence of your ownership or legal right to the Equipment, Media and/or Data on request in such form acceptable to us and we may suspend or not commence the provision of Services without receipt of such evidence.
  • 7.2 You acknowledge that your Equipment, Media and/or Data may already be damaged prior to our receipt of them, and that our efforts to complete the Services may result in the destruction of, or any further damage to, your Equipment, Media and/or Data. We will take reasonable care in performing the Services, but will not, be responsible for any existing or additional damage to your Equipment and/or Data, unless caused by our negligence.
  • 8.1 The price for the Services will be the Fee as set out in the relevant Quotation.
  • 8.2 We will render an invoice at the times specified in the Order and you must pay the invoiced amounts prior to the delivery of the Services. We are not required to provide our Services until you pay the Fee set out in the Order in full.
  • 8.3 Where you have not paid for the Services, we will retain the Equipment, Media and Data (including any recovered Data) until you make payment in full, and we have a lien over the Equipment, Media and Data until we are paid in full.  If an amount is outstanding 90 or more days after the due date for payment, we may, without liability or consulting you further, and without limiting our other rights, dispose of your Equipment and/or Data in accordance with applicable law.  We may also charge you and you must pay interest on the overdue amount at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic) plus 2%. Interest will calculated daily with rests from the due date until the date of actual payment of the overdue amount.
  • 9.1 Rights and remedies for PDH goods and services
    If we supply goods or services of a kind ordinarily acquired for personal, domestic or household (PDH) use or consumption, you may have rights under the Australian Consumer Law (ACL) including Consumer Guarantee Rights. Nothing in a Service Agreement limits those rights and remedies in any way.
  • 9.2 Rights and remedies for non-pah goods costing no more than $100,000:
    • In relation to those goods, our liability for failure to comply with a Consumer Guarantee (other than certain guarantees about ownership and undisturbed use) is limited to:
      • Replacing the goods or supplying equivalent ones;
      • Repairing the goods;
      • Paying the cost of replacing the goods or of acquiring equivalent ones; or paying the cost of having the goods repaired; and
    • In relation to those services, our liability for failure to comply with a consumer guarantee is limited to:
      • Supplying the services again; or
      • Paying the cost of having the services supplied again.


    • Any representation, warranty, condition or undertaking that would be implied in a Service Agreement by legislation, common law, equity, trade, custom or usage or otherwise is excluded, to the fullest extent permitted by law.
    • Neither party is liable for Consequential Loss.
    • Our liability is capped at the aggregate of fees paid by you to us under the relevant Service Agreement which is the subject of a Claim.
    • We do not accept responsibility for any corruption of, or physical or other damage to, or destruction of your Equipment, your Data, or any other equipment that may occur, or invalidation of any warranties in respect of your Equipment, Media or other equipment, either: prior to our receiving your Equipment, Media, your Data, or other equipment; or in the course of our providing the Services.
  • 9.3 Use of Couriers. In collecting your Equipment prior to the commencement of the Services, or in delivering the recovered Data and/or original Equipment, we outsource such service to third party couriers.  You agree to us using third party couriers for this purpose and you agree that any loss or damage to the Equipment or Data while under or in the courier’s possession or control will be expressly subject to the terms and conditions provided by the applicable courier.  You waive all right to bring any claim against Technetics Data Recovery for any loss or damage to Data or Equipment while under or in the courier’s possession or control.<\li>
  • You indemnify us in full against and hold us harmless from all claims, costs, damages, liabilities, expenses (including without limitation legal expenses) demands and judgments awarded against or incurred or paid by us as a result of or in connection with any and all of your acts,  or omissions of a breach by you of a Service Agreement and these Terms.
  • 11.1 The Parties will comply with all applicable Privacy Laws.
  • 11.2 We will use the Personal Information you provide to us to supply the Services to you and to process your payment for the Services.  Providing your Personal Information is voluntary, however, Technetics Data Recovery may be unable to provide the Services if you choose not to provide your Personal Information or withdraw consent at any time.  We collect your Personal Information: (i) when you contact us via email, telephone or by any other means and (ii) in the ordinary course of providing Services (including Personal Information we obtain in the course of administering your payments).
  • 11.3 We will collect, store, use and disclose Personal Information in accordance with the terms of Technetics Data Recovery’s privacy policy https://www.techneticsdata.com.au/privacy-policy/.
  • 11.4 We may disclose your Personal Information to other entities of Technetics (of which Technetics Data Recovery forms part), a full list of which is provided in our Privacy Policy, and to –
    • Legal and regulatory authorities for the purposes of reporting any actual or suspected breach of applicable law or regulation;
    • Our accountants, auditors, lawyers and other outside professional advisors;
    • Third party Processors (such as payment services providers; shipping/courier companies; technology suppliers, processors who provide compliance services).  The purpose of disclosure to other entities is to fulfil our contractual obligations towards you or for legitimate business purposes, in accordance with applicable law. We have implemented security measures described in our Privacy Policy and all entities are under an obligation to implement security measures ensuring a high level of protection.
  • Without affecting any of your statutory rights, you shall at any time have the right to:
    • Access and obtain information about the nature, processing or disclosure of your Personal Information;
    • Rectify your Personal Information;
    • Request, on legitimate grounds, erasure or restriction of processing of your Personal Information;
    • Object, on legitimate grounds, to the processing of your personal data;
    • Request to have your Personal Information transferred to another controller;
    • Withdraw your consent to processing of Personal Information; and
    • Lodge complaints with the applicable Data Protection Authority
  • 11.6 You must, to the extent that you provide Personal Information to Technetics Data Recovery in connection with these Terms and a Service Agreement, ensure you have all necessary rights, have received all necessary consents, and have provided all necessary notices, required by Privacy Laws in order to provide that Personal Information to Technetics Data Recovery and for Technetics Data Recovery to  collect, access, use, disclose and otherwise handle that Personal Information in the manner contemplated by these Terms and a Service Agreement, including the privacy policy.
  • 13.1 Each party must keep the other’s Confidential Information confidential except for disclosures:
    • To its staff, contractors and professional advisers to the extent they reasonably need to know it;
    • Authorised by a Service Agreement; or
    • Required by Law –
  • 13.2 Provided that a disclosing Party takes all reasonable steps to ensure that the disclosee maintains the confidentiality of the disclosed information. To avoid any doubt, Confidential Information includes our pricing and the other terms of a Service Agreement.
14. GST
  • 14.1 In this clause 14:
    • Words and expressions that are not defined in these Terms but which have a defined meaning in the GST Law have the same meaning as in the GST Law; and
    • GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • 14.2 Except as otherwise provided in these Terms, all consideration payable under these Terms in relation to any supply is exclusive of GST.
  • 14.3 If GST is payable in respect to any Services provided by Technetics Data Recovery under these Terms (GST Amount), You must pay to Technetics Data Recovery an amount equal to the GST payable on the Services. Subject to clause 14.4, You must pay the GST Amount at the same time and in the same manner as the consideration for the Services to be provided under these Terms in full and without deduction, set off, withholding or counterclaim (unless otherwise provided in these Terms).
  • 14.4 Technetics Data Recovery must provide a tax invoice to You before Technetics Data Recovery will be entitled to payment of the GST Amount under clause 14.3.
  • 14.5 If these Terms require a party to pay, reimburse or contribute to any expense, loss or outgoing suffered or incurred by another party, the amount which the first party must pay, reimburse or contribute is the sum of:
    • The amount of the payment, reimbursement or contribution, less any input tax credit in respect of the payment, reimbursement or contribution to which the other party is entitled; and
    • If the payment, reimbursement or contribution is subject to GST, an amount equal to that GST.
  • 14.6 If an adjustment event occurs in relation to a taxable supply under these Terms:
    • The Technetics Data Recovery must issue an adjustment note to You within 7 days after becoming aware of the adjustment; and
    • Any payment necessary to give effect to that adjustment must be made within 7 days after the date of receipt of the adjustment note.
  • 15.1 A party must not start court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms or a Service Agreement unless that party has complied with this clause 15.
  • 15.2 A party claiming that a dispute has arisen in respect of these Terms or a Service Agreement must notify the other party’s Chief Executive Officer.
  • 15.3 During the 10 day period after notice is given under clause 15.2 (or such longer period as agreed to in writing by the key contacts) the parties must use all reasonable endeavours to resolve the dispute.
  • 15.4 A party who has complied with clause 15.3 may terminate the dispute resolution process by giving notice to the other party, and on such termination, may institute such legal proceedings as the party deems appropriate.
  • 16.1 We may send notices to you by text message, MMS, electronic messaging or email.
  • 16.2 Otherwise, any notice or consent to be given under a Service Agreement must be in writing addressed to the relevant Party at its contact address set out in a Service Agreement.
  • We are an independent contractor and these Terms or any Service Agreement does not create a partnership, joint venture or agency. No Party may enter any agreement or make any representation on behalf of another.
  • The documents that make up a Service Agreement are the entire agreement of the Parties with respect to its subject matter and supersedes and excludes all previous agreements, understandings, commitments, representations and warranties, whether written or verbal.
  • A Service Agreement may only be varied by writing executed by both Parties.
  • A Party that delays exercise of or partially exercises a right does not waive it.
  • We are excused from our obligations under the Service Agreement to the extent that a Force Majeure prevents or hinders us.
  • We may delegate our roles and responsibilities to an agent or subcontractor but are liable for their performance as if there was no delegation.
  • A term that is invalid, illegal or unenforceable shall be read down, to the point of severance if necessary.
  • A Service Agreement is subject to and must be interpreted under the law of the exclusive jurisdiction of the State of Victoria, Australia and the Parties irrevocably submit to the courts of the State of Victoria.