Protect Your PC – Client Non-Disclosure Agreement (NDA)

Effective Date: [Insert Date]

This Non-Disclosure Agreement (“Agreement”) is made between:

Disclosing Party:
The Client (“you”, “your”)

Receiving Party:
Protect Your PC (“we”, “us”, “our”)

Together, the Client and Protect Your PC are referred to as “the Parties”.

By engaging our services, granting remote access, booking a service, or allowing us to work on your device(s), you agree to the terms of this Agreement.

1. Purpose of This Agreement

1.1 During the course of providing IT support, malware/virus removal, software installation (including ESET products), remote access services, diagnostics, and cybersecurity assistance, Protect Your PC may access confidential or sensitive information belonging to the Client.

1.2 The purpose of this Agreement is to protect the confidentiality, security, and privacy of your information and to ensure it is used only for authorised service delivery.

2. Definition of Confidential Information

2.1 “Confidential Information” includes (but is not limited to):

  • Personal data, business information, or stored files

  • Login credentials, passwords, encryption keys, authentication codes

  • System configurations, network details, software keys or licences

  • Emails, documents, financial information, stored records

  • Any information viewed, accessed, or handled during a service

2.2 Confidential Information does not include information that:

  • Becomes publicly available through no fault of Protect Your PC

  • Is lawfully obtained from a third party without restriction

  • Is independently developed by Protect Your PC without using the Client’s data

  • Must be disclosed by law, court order, or regulatory authority

3. Obligations of Protect Your PC (Receiving Party)

Protect Your PC agrees to:

3.1 Keep all Confidential Information strictly confidential.
3.2 Use Confidential Information only for the purpose of providing IT services that you have requested.
3.3 Restrict access solely to technicians or contractors who require it to complete the service and who are bound by confidentiality obligations.
3.4 Never copy, share, disclose, or transfer your Confidential Information without your explicit consent.
3.5 Ensure all remote access sessions are encrypted and secure.
3.6 Not retain, store, or save personal files, passwords, or confidential data after the service ends.
3.7 Use cybersecurity best practices to prevent unauthorised access, loss, or misuse of Confidential Information.

4. Client Responsibilities (Disclosing Party)

You agree to:

4.1 Inform us if any information or systems require additional confidentiality handling.
4.2 Notify us immediately if you believe any of your confidential data has been compromised.
4.3 Understand that no IT service provider can guarantee 100% cyber protection or system security.

(These responsibilities do not limit your consumer rights under Australian Consumer Law.)

5. Permitted Disclosures

Protect Your PC may disclose Confidential Information only if:

5.1 Required by law, government authority, or court order.
5.2 Necessary for seeking professional legal or compliance advice, provided those professionals are bound by confidentiality.

If disclosure is legally required, we will notify you where we are lawfully permitted to do so.

6. Security Measures

Protect Your PC shall maintain reasonable and appropriate technical and organisational security measures, including:

  • Encrypted remote access sessions

  • No recording of remote sessions unless the Client explicitly requests it

  • No retention of client passwords

  • Secure handling of device information, error logs, and configuration data

  • Restricted technician access on a need-to-know basis

7. Return or Destruction of Information

Upon your request or at the completion of a service:

7.1 We will delete or destroy any confidential data temporarily handled during service delivery.
7.2 Any physical or digital copies will be securely destroyed unless retention is required by law.
7.3 System diagnostic logs may be retained on our secure systems but will remain confidential and inaccessible to unauthorised persons.

8. No Transfer of Rights

Nothing in this Agreement gives Protect Your PC any ownership rights or ongoing access rights to your Confidential Information.
All information remains your property at all times.

9. Liability and Remedies

9.1 Any unauthorised disclosure by Protect Your PC may cause damage, and you may seek appropriate remedies available under law, including:

  • injunctive relief

  • specific performance

  • damages (where permitted by law)

9.2 This Agreement is subject to the limitations and protections outlined in:

  • our Terms of Service

  • our Client Disclaimer & Liability Waiver

  • the Australian Consumer Law (ACL)

Nothing in this Agreement restricts your rights under Australian law.

10. Term & Duration

10.1 This Agreement begins on the Effective Date and remains in force for five (5) years, or until the Confidential Information no longer qualifies as confidential.

11. Governing Law

11.1 This Agreement is governed by the laws of the State or Territory of Australia in which the Client resides or conducts business.
11.2 Any disputes will be resolved exclusively in the courts of that jurisdiction.

12. Entire Agreement

12.1 This Agreement forms the entire understanding regarding confidentiality between the Parties and supersedes all prior discussions or agreements.
12.2 Amendments must be in writing and signed by both Parties.
12.3 If any clause is found unenforceable, the remaining provisions will continue in full force.

13. Signatures

Client (Disclosing Party): __________________________________
Name: __________________________________
Date: __________________________________

Protect Your PC (Receiving Party): _____________________________
Name: __________________________________
Date: __________________________________