Terms & Conditions | TechStuff Solutions Services & Support
Introduction
These terms and conditions apply to the supply of services by TechStuff Solutions ABN 45 523 260 092 (“we” or “us” or “our“).
Mandatory Software Upgrades Notices
Please be aware that:
• warranty of the goods remains between you and the original supplier of the goods; and
• any update / upgrades of your computer hardware / software may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods.
1.0 Definitions
In these conditions:
“ACL” means the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010; “Conditions” means these Terms and Conditions; “Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us; “goods” means all products and other goods (including any software) supplied by us to you or on your behalf; “including” is not a word of limitation and means without limitation; “services” means all services performed by us for you or on your behalf; “business hours” means Monday to Friday 9am to 6pm at NSW local time, excluding gazetted public holidays; “Party” and “Parties” means (severally and not jointly) TechStuff Solutions and/or the Customer as the context requires.
2.0 Service
We will perform the Service and supply the Goods specified in the booking confirmation email (Deliverables) at the rates specified in that booking confirmation email in accordance with the terms and conditions set out in this document. By agreeing to accept the Deliverables, you are agreeing to comply with these terms and conditions.
Any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavours to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays.
You acknowledge and agree that we may need to take your system to our base or third-party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs.
3.0 Service Conditions
In providing the Deliverables to you, you acknowledge and agree that the solution we may identify is 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.
You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed, and therefore will take longer to resolve than originally assessed.
We will comply with the Privacy Act 1988 (Cth) and act in accordance with our Privacy Policy which can be viewed at www.techstuffsolutions.com/Legal/PrivacyPol/
4.0 Charges and Payment
Payment for goods and services must be made by cash or credit card immediately upon completion of the supply unless you have a credit account with us.
Any part of a half hour block is chargeable at the same rate as a full half hour.
If you give us less than twenty-four (24) hours’ notice to cancel any request for onsite service, then we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused.
5.0 Credit Account Customers
If you set up a Credit Account with us, you agree that we will charge your nominated credit card 5 days after the invoice is emailed to you.
6.0 TechStuff Support Hours (Prepaid Hours)
TechStuff Support Hours options can be viewed at www.techstuffsolutions.com/Pricing/
Except as required by law, TechStuff Support Hours options are not refundable.
TechStuff Support Hours are to be used on Services provided by TechStuff Solutions only.
TechStuff Support Hours expire 2 years from the date of purchase.
TechStuff Support Hours may be used for weekend or public holiday call-outs, however a separate fee of $50 will be required to be paid at the time of the service.
Support Hours do not include any products. Products which you require must be paid for as notified by TechStuff Solutions.
7.0 Customer’s Responsibilities
You represent and warrant to TechStuff Solutions that you are the owner of, and/or have the right to be in possession of all equipment, data or media provided to TechStuff Solutions for performing service on them. You further represent that you have the right to authorise TechStuff Solutions to provide service on your equipment.
You must back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the TechStuff Solutions consultant. We and/or our third-party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
You warrant to the TechStuff Solutions that you hold all necessary licenses and approvals for any software item you request the TechStuff Solutions to install on your computer equipment. You agree to indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request.
You must ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services.
You must provide our consultants with:
• access to the areas of your premises necessary to provide services;
• necessary passwords to your computer;
• a safe working environment and working space; and
• electrical power and internet access (where applicable).
If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.
8.0 Liability
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
TechStuff Solutions will exercise reasonable care in handling any equipment which you provide to it.
You agree to indemnify and will keep TechStuff Solutions indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by TechStuff Solutions in connection with your equipment, your breach of these Terms and Conditions or your breach of any rights of third parties.
Where TechStuff Solutions is liable to you under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, to:
in relation to goods:
• finding and recommending another Product supplier, and
in relation to services:
• supplying of the services again; or
• payment of the cost of having the services supplied again.
You agree that, to the fullest extent permitted by applicable law, TechStuff Solutions will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
• interruption of business;
• access delays to, access interruptions to, suspension of or discontinuation of the service;
• data non-delivery, mis-delivery, corruption, destruction or other modification;
• loss or damages of any sort incurred as a result of dealings with us;
• viruses, system failures or malfunctions which may occur in connection with TechStuff Solutions supplying the
Deliverables to you; or
• events beyond our reasonable control.
9.0 Same Day Priority Service Available
“Same Day Priority Service” is only available in Sydney metropolitan areas, subject to the availability of consultants.
Same Day Priority Service attracts a surcharge and must be requested over the phone no later than 10am Monday through Friday, excluding holidays.
We do not guarantee that all necessary work can be completed at the initial appointment.
Any changes made by you to a same day priority service request that is already scheduled void this guarantee in its entirety.
10.0 Feedback and Information
TechStuff Solutions welcomes your feedback and suggestions. It helps us improve! You agree that we may use any written feedback you provide to us on our website and otherwise for marketing purposes without needing to obtain your further consent to do so.
Introduction
These terms and conditions apply to the supply of services by TechStuff Solutions ABN 45 523 260 092 (“we” or “us” or “our“).
Mandatory Software Upgrades Notices
Please be aware that:
• warranty of the goods remains between you and the original supplier of the goods; and
• any update / upgrades of your computer hardware / software may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods.
1.0 Definitions
In these conditions:
“ACL” means the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010; “Conditions” means these Terms and Conditions; “Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us; “goods” means all products and other goods (including any software) supplied by us to you or on your behalf; “including” is not a word of limitation and means without limitation; “services” means all services performed by us for you or on your behalf; “business hours” means Monday to Friday 9am to 6pm at NSW local time, excluding gazetted public holidays; “Party” and “Parties” means (severally and not jointly) TechStuff Solutions and/or the Customer as the context requires.
2.0 Service
We will perform the Service and supply the Goods specified in the booking confirmation email (Deliverables) at the rates specified in that booking confirmation email in accordance with the terms and conditions set out in this document. By agreeing to accept the Deliverables, you are agreeing to comply with these terms and conditions.
Any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavours to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays.
You acknowledge and agree that we may need to take your system to our base or third-party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs.
3.0 Service Conditions
In providing the Deliverables to you, you acknowledge and agree that the solution we may identify is 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.
You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed, and therefore will take longer to resolve than originally assessed.
We will comply with the Privacy Act 1988 (Cth) and act in accordance with our Privacy Policy which can be viewed at www.techstuffsolutions.com/Legal/PrivacyPol/
4.0 Charges and Payment
Payment for goods and services must be made by cash or credit card immediately upon completion of the supply unless you have a credit account with us.
Any part of a half hour block is chargeable at the same rate as a full half hour.
If you give us less than twenty-four (24) hours’ notice to cancel any request for onsite service, then we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused.
5.0 Credit Account Customers
If you set up a Credit Account with us, you agree that we will charge your nominated credit card 5 days after the invoice is emailed to you.
6.0 TechStuff Support Hours (Prepaid Hours)
TechStuff Support Hours options can be viewed at www.techstuffsolutions.com/Pricing/
Except as required by law, TechStuff Support Hours options are not refundable.
TechStuff Support Hours are to be used on Services provided by TechStuff Solutions only.
TechStuff Support Hours expire 2 years from the date of purchase.
TechStuff Support Hours may be used for weekend or public holiday call-outs, however a separate fee of $50 will be required to be paid at the time of the service.
Support Hours do not include any products. Products which you require must be paid for as notified by TechStuff Solutions.
7.0 Customer’s Responsibilities
You represent and warrant to TechStuff Solutions that you are the owner of, and/or have the right to be in possession of all equipment, data or media provided to TechStuff Solutions for performing service on them. You further represent that you have the right to authorise TechStuff Solutions to provide service on your equipment.
You must back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the TechStuff Solutions consultant. We and/or our third-party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
You warrant to the TechStuff Solutions that you hold all necessary licenses and approvals for any software item you request the TechStuff Solutions to install on your computer equipment. You agree to indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request.
You must ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services.
You must provide our consultants with:
• access to the areas of your premises necessary to provide services;
• necessary passwords to your computer;
• a safe working environment and working space; and
• electrical power and internet access (where applicable).
If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.
8.0 Liability
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
TechStuff Solutions will exercise reasonable care in handling any equipment which you provide to it.
You agree to indemnify and will keep TechStuff Solutions indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by TechStuff Solutions in connection with your equipment, your breach of these Terms and Conditions or your breach of any rights of third parties.
Where TechStuff Solutions is liable to you under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, to:
in relation to goods:
• finding and recommending another Product supplier, and
in relation to services:
• supplying of the services again; or
• payment of the cost of having the services supplied again.
You agree that, to the fullest extent permitted by applicable law, TechStuff Solutions will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
• interruption of business;
• access delays to, access interruptions to, suspension of or discontinuation of the service;
• data non-delivery, mis-delivery, corruption, destruction or other modification;
• loss or damages of any sort incurred as a result of dealings with us;
• viruses, system failures or malfunctions which may occur in connection with TechStuff Solutions supplying the
Deliverables to you; or
• events beyond our reasonable control.
9.0 Same Day Priority Service Available
“Same Day Priority Service” is only available in Sydney metropolitan areas, subject to the availability of consultants.
Same Day Priority Service attracts a surcharge and must be requested over the phone no later than 10am Monday through Friday, excluding holidays.
We do not guarantee that all necessary work can be completed at the initial appointment.
Any changes made by you to a same day priority service request that is already scheduled void this guarantee in its entirety.
10.0 Feedback and Information
TechStuff Solutions welcomes your feedback and suggestions. It helps us improve! You agree that we may use any written feedback you provide to us on our website and otherwise for marketing purposes without needing to obtain your further consent to do so.
