|
Terms &
Conditions
-
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, Invoice or Service Request.
“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.
-
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.
-
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).
-
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.
-
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.
-
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).
-
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.
-
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.
-
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
-
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:
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.
|
