Protect Your PC – Client Disclaimer & Liability Waiver
Effective Date: 07/12/2025

This Client Disclaimer & Liability Waiver (“Disclaimer”) is issued by Protect Your PC (“we”, “us”, “our”) to you, the client (“you”, “your”). By engaging our Services, accessing our products, or relying on advice, guidance, or documentation provided by us, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer.

This Disclaimer applies to all Services, products, software, advice, and client-facing agreements provided by Protect Your PC, including, but not limited to:

  • Website Terms of Use and Online Resources

  • Privacy Policy

  • Terms of Service

  • Client Services & Remote Access Agreement

  • Any other current or future client-facing documents

Service provision is conditional upon your electronic consent to this Disclaimer and all referenced documents via our Digital Client Consent Form. Submission constitutes a legally binding acknowledgement.

1. Nature and Limitations of Services

1.1 All Services are delivered remotely or, where expressly agreed, on-site, using secure tools. Their effectiveness depends on your devices, system configuration, network reliability, internet connectivity, and your cooperation.

1.2 Services are provided on a best-effort basis. Complete remediation of issues, removal of malware, or absolute system protection cannot be guaranteed.

1.3 Malware, viruses, ransomware, spyware, and other digital threats may recur, resist removal, or cause system instability.

1.4 No Service, software, or configuration can provide 100% protection against cyber threats, data loss, or security breaches.

1.5 Protect Your PC is not responsible for pre-existing system faults, outdated hardware or software, network failures, or operating system bugs.

2. Client Responsibilities and Assumption of Risk

By engaging our Services, you acknowledge and accept that:

2.1 You are responsible for backing up all data prior to Service.

2.2 You are responsible for ongoing software licensing, updates, renewals, and system maintenance.

2.3 You accept that data loss, corruption, or alteration may occur during or after Service.

2.4 You accept that system instability, hardware failure, or performance issues unrelated to our work may occur.

2.5 Misuse, negligence, or failure to follow post-service guidance may result in additional issues.

2.6 Ongoing cybersecurity, system functionality, and data protection remain your responsibility.

2.7 By providing remote access, you authorise Protect Your PC to access, troubleshoot, configure, or install software on your device(s). You may monitor or terminate access at any time.

3. Third-Party Software

3.1 We may recommend, install, or configure third-party software, including antivirus/security solutions such as ESET.

3.2 You acknowledge and agree that:

  • We are not the developer, vendor, or licensor of any third-party software.

  • We cannot guarantee long-term performance, compatibility, or effectiveness of third-party software.

  • All licensing, renewals, updates, or compliance obligations are your responsibility.

  • Any technical faults, disputes, or warranty claims must be addressed directly with the respective software provider.

3.3 You accept all risks associated with third-party software, including potential system conflicts, temporary loss of functionality, or incompatibilities.

4. Limitation of Liability

To the maximum extent permitted by law:

4.1 Protect Your PC, its directors, employees, contractors, and affiliates shall not be liable for:

  • Loss, corruption, or alteration of data, files, or software

  • System downtime, device malfunction, or reduced performance

  • Loss of income, business opportunity, productivity, or reputation

  • Indirect, incidental, consequential, punitive, or special damages

  • Issues arising from third-party software, pre-existing system problems, network failure, or client error

4.2 Our total liability, if any, is strictly limited to the amount paid for the specific Service provided.

4.3 Nothing in this Disclaimer excludes your statutory rights under the Australian Consumer Law (ACL).

5. No Warranties

All Services, software, and advice are provided “as is” without warranties of any kind, whether express or implied, including, but not limited to:

  • Fitness for a particular purpose

  • Accuracy, completeness, or reliability of results

  • Effectiveness of antivirus, security software, or configurations

  • Future system security or protection from malware

6. Indemnification

You agree to indemnify, defend, and hold harmless Protect Your PC, its owners, employees, contractors, and affiliates from any claims, losses, damages, liabilities, or expenses (including reasonable legal costs) arising from:

6.1 Misuse, negligence, or modification of your device, software, or systems
6.2 Breach of this Disclaimer, Terms of Service, or applicable law
6.3 Unauthorized use, copying, or distribution of third-party software
6.4 Failure to follow advice, instructions, or cybersecurity guidance provided by Protect Your PC

7. Australian Consumer Law

Nothing in this Disclaimer excludes, restricts, or modifies your statutory rights under the ACL. Where permitted, our liability is limited to:

  • Re-supplying the Service, or

  • Refund of the service fee

All other warranties or guarantees not required by law are expressly disclaimed.

8. Governing Law and Jurisdiction

This Disclaimer is governed by the laws of the Australian State or Territory in which you reside or conduct business.

All disputes arising under or in connection with this Disclaimer shall be resolved exclusively in the courts of that jurisdiction.

9. Document Hierarchy, Severability, and Entire Agreement

9.1 This Disclaimer operates together with all other client-facing documents (Terms of Service, Privacy Policy, NDA, etc.).

9.2 Hierarchy: Where inconsistencies exist, the provision giving the greatest legal protection to Protect Your PC shall apply, to the extent permitted by law.

9.3 Severability: If any provision is found unenforceable, it shall be severed without affecting the enforceability of the remaining provisions.

9.4 This Disclaimer represents the entire agreement regarding liability, risk, and responsibility between Protect Your PC and you and supersedes all prior agreements, written or oral.

10. Contact Information

For questions regarding this Disclaimer or related documents, contact:

Protect Your PC
Website: www.protectyourpc.com.au