National PC Pty Ltd (ABN 99 108 302 405)

1. Definitions

“National PC” means the National PC Pty Ltd or any agent under the agreement selling products or providing a service to the Customer

“Customer” means the person or legal entity identified in National PC Pty Ltd’s Quotation or Invoice.

“Agreement” means a agreement for sale by National PC Pty Ltd to the Customer of the products and/or services incorporating the Terms & Conditions

Reference to “we”, “us”, “our” in the Terms are reference to National PC Pty Ltd and its related companies, its employees, contractors or agents.

When you use our services, you agree that you have read and understood the Terms and Conditions. We may request that you sign a form acknowledging this.

2. What we do

We provide our services by:

- Visiting your home (On-Site Services) or

- Helping you over the phone (Phone / Remote Services)

As part of providing the above services we may:

-    sell you certain types of equipment, hardware or software. Such sales are subject to our Terms of Sale which are available on our website or from our Technicians upon request, and/or

-     take your hardware to our office. Before we remove your hardware, you must sign our Computer Release Form.

Information about our services and pricing is available on our website or from our Technicians upon request. We recommend you check this information regularly as we may change our services and pricing from time to time.

We may provide you with hardware or software manufactured by a third party. You agree to comply with our reasonable directions to enable us to comply with our obligations to such third parties.

3. What we need you to do

So that we can provide you with the best services we can, it is important that you do certain things requested by us before we provide your services. If you don’t do these things we may not be able to provide you with our services and/or you may risk losing valuable data. In the case of On-Site Service, if you do not do these things, before our visit, we may charge you a cancellation fee ($49).

1. Software

If our services involve the installation of software, then you must provide our Technician with the installation disks for your operating system or software along with a product key for this software.

2. Backing up your software or data

Computers are complicated machines and although we take all reasonable precautions, files can be lost simply by doing routine work.  You acknowledge and agree that it is your sole responsibility to back up all software and data that is stored on your computer's hard drive(s) and/or any other storage devices you have before we provide any services to you (including Phone/ Remote Services).  If for some reason you cannot back-up your data, we can do this for you for a fee as part of our On-Site Services if you request our "Backup" additional services which is provided pursuant to these Terms.  If you choose not to back-up your data, either yourself or through us, you do so at your own risk and agree that we will not be responsible at any time for any loss, alteration or corruption of data or files relating, either directly or indirectly from the provision of our services.

4. On-Site Technical Services

On-Site Technical Services involve our Technicians visiting you at your home or other location requested by you (Premises). When we visit your premises, you acknowledge that you have read and understood these Terms and Conditions before we will provide services to you.

You must ensure that a person of at least 18 years of age is present for your duration of the provision of On-Site Technical Services.

You must provide our Technicians with access to the areas of your premises necessary to provide services, necessary passwords to your computer, a safe working environment and working space, electrical power and internet access (where applicable).

You acknowledge that if our Technicians arrives at your Premises and such things are not provided, we may not be able to provide you with services and you may be charged a cancellation fee ($49).

5. Phone / Remote Services

National PC will attempt problem diagnosis and a solution over the phone for an applicable fee. All Phone / Remote Services require payment details prior to the commencement of service.

In some cases, we will not be able to provide Phone / Remote Services unless we are given remote access to your computer. We cannot gain access to your computer remotely unless you have given us your permission to do so and you have downloaded software onto your computer to allow us to do so. When you download that software you agree to your Terms and any other terms and conditions relating to that software.

When we access your computer remotely, we will respect your confidentiality and the privacy of your information. For more details see our Privacy Statement which is available on our website or from our Technicians upon request.

6. Service charges and payment

All payment for services must be made by one of our payment methods at the time services are provided.

A cancellation fee ($49) may be payable if you cancel your service request and do not give us at least 1 hour notice of such cancellation.

If we supply you with additional hardware and software you will be charged for such software or hardware.

7. Service Guarantee

If you are not satisfied with your service, please call 1300 733 672 for assistance.

If we cannot provide you with a solution to your problem, we will not charge you for our services.  In some cases, the solution may be that you need to upgrade or replace your software or hardware.  If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution.

We also warrant our Phone Services for 5 days and our On-site Services for 30 days.  If you notify us of a problem with the services you were provided within the stated time period, and our diagnosis of the problem indicates that our services were not performed satisfactorily, we will work to provide a solution to your problem quickly at no additional cost to you.

You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed.  You also acknowledge that the fact that a problem occurs with your computer within the warranty period may be unrelated to the work we performed for you and is therefore outside the scope of our services guarantee.

When we sell you equipment, hardware or software, we may resell such equipment, hardware or software on behalf of a third party manufacturer or licensor.  If there is a problem with any equipment or hardware we provide you, your remedy may rest with the manufacturer or licensor of such equipment, hardware or software.  Please refer to our Sales Services terms for more details on remedies available to you.

We do not warrant that the operation of any software we install or service will be uninterrupted or error free.  You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of software.  You also acknowledge that your use of such software may be subject to a third party licence.

We also reserve the right to discontinue providing any or all services if, in our reasonable opinion:
the minimum system requirements are not met or your technical needs (including wiring or overcoming physical or technical barriers) or other requirements are unusual or extensive and beyond the scope of our services;

-          we consider that your equipment is beyond reasonable service repair;

-          our Technicians is concerned for his or her safety; or

-          any other factor or event beyond our reasonable control prevents us providing services

8. Our Liability to you

To the full extent permitted by law, and subject to our service guarantee above, we expressly exclude  all warranties, conditions, guarantee and representations (whether express or implied) under statute, law, equity, trade custom, prior dealings between you and us or otherwise in respect of goods and/or services that may be provided by us to you under these Terms.

To the full extent permitted by law, our sole liability to you in respect of the services we provide is limited to the amount of the fees and charges paid by you to us under these Terms for the particular service the subject of our liability.

Some warranties and guarantees are implied by law, and cannot be excluded by us, except to a limited extent.  To the extent we can limit such liability, we limit our liability to (at our election):

in the case of goods, at our election, to the cost of:

• replacement of the goods;

• supply of equivalent goods,;

• payment of the cost of replacing the goods or acquiring equivalent goods; or

• the repair of the goods or payment of the cost of having the software repaired.

in the case of services supplied to you, at our election, to the cost of:

• Supplying the services gain; or

• The payment of the cost of having the services supplied again,

Nothing in these Terms excludes or modifies any liability either party may have to the other for fraud or deceit or for death or personal injury caused by the negligence or the wilful misconduct of either party.

To the full extent permitted by law, under no circumstances will we, any related entities or any third party provider engaged by us be liable to you or any other person for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of, or related to, the services or goods provided by us or a third party service provider engaged by us.

These Terms will be governed by and construed in accordance with the laws of Queensland.