TERMS AND CONDITIONS (Residential)
Please make sure that you read and fully understand these terms and conditions before we perform any services for you. By allowing us to provide services to you, you confirm that you have read these terms and conditions, understood them and that you agree to be bound by these terms and conditions.
ITstuff[ed] may from time to time, update or change these terms and conditions without prior notice.
1. DEFINITIONS
“Appointment” is the previously arranged and agreed location, date and time to meet with you, excluding travel time.
“Available for booking” is from 9 am to 5 pm from Monday to Friday. We are generally not available for bookings on public holidays unless otherwise specified.
Our “Call Out Fee” is a part of our standard rates unless the location of an Appointment is outside the Christchurch City Council area, excluding Banks Peninsula. Our standard hourly rates will apply to any time spent travelling to and from your Appointment.
“Rate” or “Fee” means for each Appointment and/or Product, the applicable price or minimum hourly rate plus any additional fees. Please refer to https://www.itstuffed.co.nz/prices for an up-to-date list. Please advise if you have any difficulties accessing our price list. Upon requesting an Appointment and/or agreeing to these terms and conditions we will assume that you accept the prices listed in our price list.
“Information” Please have a look at our Privacy Statement.
“Products” means any hardware, software or other products provided by us.
“Services” means the on-site computer maintenance, support and/or consulting services reasonably requested by you and provided by us during an Appointment.
“Terms and Conditions” means these terms and conditions.
“we”, “us” or “our” means the company detailed above trading as ITstuff[ed];
“you” or “your” means the customer its agent and employees or any person acting on behalf of and with the authority of the customer that requested the Appointment.
2. SERVICES
2.1 As per the Consumer Guarantees Act 1993, we agree to perform our services with reasonable care and skill, that any goods or products provided by us are fit for their particular purpose, that we will complete our services within a reasonable timeframe and at a reasonable price (if no specific price or pricing formula has been agreed upon).
2.2 We will try to diagnose any problem or draft a plan for the setup requirements described by you. We may provide a timeframe and an estimated dollar amount to complete the service. Please note that all timeframes and prices provided are estimates only. We cannot guarantee that any estimate of time, price or diagnosis will be accurate.
2.3 You consent and authorise us to:
2.3.1 Access your nominated PC/Laptop in order to provide our services;
2.3.2 Access, modify, reproduce and/or temporarily impair your data, systems, programmes, equipment, electronic communications, and the premises to the extent necessary to carry out the services.
2.4 If for any reason the objective of an Appointment cannot be achieved in one session, we will discuss the options available which may include: arranging another Appointment, extending an Appointment or stopping an Appointment without completing the objective. You may stop an Appointment at any time.
2.5 In order for us to be able to perform the service, we require a person over sixteen (16) years old to be present at all times whilst providing the service at your premises.
2.6 We will endeavour to perform the service to the best of our ability; however, we cannot guarantee that the objective of the service will be achieved and we are not to be held liable if the objective of the Appointment is not met.
3. YOUR ON-SITE OBLIGATIONS
3.1 You must ensure that a person of at least 16 years of age is present for the duration of the provision of on-site services.
3.2 You must provide our technicians who provide on-site services with:
3.2.1 access to the areas of your premises necessary to provide services;
3.2.2 access to your computer;
3.2.3 a safe working environment and working space; and
3.2.4 electrical power and internet access (where applicable).
3.3 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.
3.4 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 an ITstuff[ed] technician.
3.5 You agree to comply with all relevant policies and procedures we advise from time to time on our website.
3.6 You must ensure you do not cause any harm or injury to our on-site technicians.
4. ACKNOWLEDGMENT AND DISCLAIMERS
4.1 You acknowledge that to the extent permitted by New Zealand law:
4.1.1 Timeframes are estimates only (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 goods or the completion of services and provide you with as much notice as possible of any expected delays).
4.1.2 On-site support – return to base for difficult/complex problems (it may not be possible to resolve all problems via an on-site service. In particularly difficult cases we may (with your permission) need to take your system to our base or third-party premises for diagnosis and repair.)
4.1.3 Recommendations for upgrades/replacements (in providing the services and goods to you, we may identify that the solution to your problem is to upgrade or replace your software or hardware. In that case 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).
4.1.4 No guarantee that all issues will be identified (while we use our best efforts to identify issues with your software and hardware, given the nature of technology, you acknowledge that we do not guarantee that all problems or security threats will be identified).
4.1.5 Final solution may differ from initial diagnosis (as computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed, our final proposed solution may be different from the initial diagnosis).
4.1.6 Not all issues can be resolved by remote support (you acknowledge that some problems cannot be fixed over the telephone or by remote system access and may require on-site support).
4.1.7 Failure to follow our instructions or advice (you agree that we are not liable for any loss or damage that results from your failure to follow our instructions, recommendations or advice).
5. YOUR DATA BACK-UP OBLIGATIONS
5.1 You are responsible for ensuring your data, software and media is backed-up prior to us accessing your systems or technology to provide our services. We are not responsible at any time for any data loss, alteration or corruption of any such data, software or media.
6. Appointments
6.1 When you arrange an Appointment, we will attend the Appointment at your premises (as previously agreed) and on the previously arranged date and time.
6.2 To cancel or stop an Appointment, you must advise us if you wish to cancel, at least two (2) hours prior to the Appointment time. If you are not present at the time of the Appointment or if you cancel you Appointment with less than two (2) hours’ notice, then we may charge a one hundred and forty dollar ($140.00) cancellation fee.
7. Product Ownership
7.1 Ownership of all products remains with us until payment is made in full.
7.2 If the total cost for hardware and software products exceeds $500.00 including GST, payment in full is required prior to receiving the product or placing an order to obtain the product.
7.3 If software or hardware is not available on order after payment is received, an alternative product can be purchased or the amount received can be refunded.
7.4 If you have ordered products comprising software by electronic delivery it is not reasonably practicable to return the software licence. For that reason, once you have ordered the software, you agree to commit to the purchase of the software and understand and agree that the software cannot be returned and that you cannot be refunded for the software product unless otherwise agreed by us.
7.5 Non-faulty products cannot be returned once opened unless mutually agreed upon by both parties. To return a non-faulty product, the product must be in a saleable condition, and will be subject to a restocking fee (a minimum fee of 20% of the original purchase price).
8. Payment
8.1 We will invoice fees for each Appointment within two business days from the date of the Appointment (unless previously arranged otherwise). All invoices must be paid by the due date (as specified on the invoice).
8.2 Payment must be paid in cash, by EFTPOS, credit card or through the Stripe Payment Gateway or by bank transfer.
8.3 If payment is not made by the date that the invoice is due (as specified on the invoice), a penalty interest rate of 20% per annum will apply from the due date of the invoice until the date that the invoice and all interest accrued is paid in full. You must also pay any additional administration and debt collection costs.
8.4 If any amount is outstanding past the due date, we may cease our services and no longer agree to provide services for you until all debts owing by you to us are paid in full.
8.5 Any payments made by credit card, payWave and/or processed by Stripe will incur a 2.9% surcharge plus GST, which is non-refundable.
8.6 If we need to order parts for a particular job, payment for the parts will need to be made prior to the order being placed. Please see our payment options above at clause 8.2. We will send you an estimate for the parts requested, the order will not be placed until the estimate has been approved, either verbally or in writing by you and proof of payment has been received.
8.6.1 Please note that labour will be charged separately and we do not require payment for this until the job is completed.
8.6.2 If a project is stopped by you, the time spent is chargeable at our hourly rate.
8.7 If we suspect a fraudulent credit card and if the card is not present to verify the card’s signature, we may ask for confirmation of your identity in the form of a copy of your photo ID and a copy/photograph of the front of your credit card prior to shipping the goods out to you or providing a service.
9. Warranty
9.1 Products we provide and/or install will be subject to the manufacturer’s warranty or the conditions of a separately purchased, extended warranty.
9.2 We will use reasonable care and skill when providing our services.
9.3 We cannot give any warranty for products with any defect or failure caused by:
9.3.1 Improper storage or handling by you;
9.3.2 Use, installation or alteration of the product other than as recommended by the manufacturer;
9.3.3 Fair wear and tear, or;
9.3.4 Failure to maintain the products as recommended by the manufacturer.
9.4 You warrant that you are authorised to arrange an Appointment and that access to your premises, information and/or any other material will not breach any third-party rights.
10. Liability
10.1 You agree that, to the extent permitted by New Zealand law, we will not be liable to you (whether in contract, negligence or otherwise) for any of the following:
10.1.1 Interruption of business;
10.1.2 Loss of revenue, profits or business reputation;
10.1.3 Delays or service disruptions;
10.1.4 Wasted staff time;
10.1.5 Loss, alteration or corruption of data, software or media;
10.1.6 Viruses or system failures; or
10.1.7 Events beyond our reasonable control.
11. Remote Access
11.1 Remote access to your computer is conducted using Teamviewer software and our own Teamviewer agent.
11.2 We will never remotely access your computer without your prior consent. Our agent requires an operator to accept requests for remote control by default. Only with your prior permission will this be installed to allow unattended access.
11.3 Teamviewer traffic is secured using RSA public/private key exchange and AES (256-bit) session encryption. This technology is used in a comparable form for https/SSL and is considered completely safe by today’s standards.
11.4 Teamviewer is a Third party product and use of this product by us and you is subject to their own privacy policy and EULA.
12. Your Remote Service Obligations
12.1 Where we provide you with remote services, you must:
12.1.1 backup all of your data before you call us for assistance;
12.1.2 be at least 16 years of age and physically located in New Zealand at the time of your call; and
12.1.3 have legitimate copies of all software as well as all installation disks/media and product keys ready to use when you call us to request assistance.
13. Indemnity
13.1 You agree to indemnify us, our technicians and our related entities, including employees and agents, and hold us each harmless from any loss, damage, costs (including reasonable legal costs), or expense which arises from your breach of this Agreement, including but not limited to your non-payment of any fees or charges applicable to your appointment, service or subscription, a breach of your on-site, remote service or data back-up obligations (clauses 3, 12 and 5), infringement by you of third party rights, our reliance on any warranty, authorisation or consent, or acknowledgement provided under this Agreement or in connection with our service, or any negligent, wrongful, illegal or fraudulent act or omission by you, any unauthorised use of your subscription, support pack or credit account caused by your wrongful act or omission, except to the extent that liability is caused by our gross negligence.
14. Termination
14.1 We may immediately terminate this Agreement if we consider:
14.1.1 There to be a threat to the safety to any of our staff;
14.1.2 You to be in breach of this Agreement;
14.1.3 There to be the presence of unlicensed or illegal software
14.1.4 Your equipment to contain any pornographic, obscene, offensive or illegal content
14.1.5 You are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.
14.2 We may suspend the services at any time to the extent we reasonably believe necessary due to your breach of this Agreement (including suspending services where you fail to pay fees when due), or in order to prevent any damage to or misuse of our services or systems.
15. Changes to Terms
15.1 We may change the terms of this Agreement from time to time (by updating this Agreement on our website) without notice.
16. Force Majeure
16.1 We will not be liable for non-performance or delays caused by external events beyond our reasonable control (“Force Majeure“). Force Majeure events shall include, without limitation, acts of war, terrorism, cyber-attacks, civil commotion, epidemic or pandemic, natural disasters, earthquakes, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency.
17. Governing Law
17.1 This Agreement shall be governed by and construed in accordance with New Zealand Law and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
18. Assignment
18.1 You may not assign your rights and obligations under this Agreement without ITstuff[ed]’s prior written consent.
19. Waiver
19.1 A failure or delay in exercising any right, power or remedy does not operate as a waiver.
20. Severability
20.1 If any clauses or terms within this Agreement are illegal or unenforceable, it will be severed from these clauses and terms and the remaining clauses and terms will continue with full force and effect.
21. Survival
21.1 Any provision of this Agreement which is by its nature a continuing obligation will survive termination of this Agreement.