You agree to be bound by these Terms and Conditions by arranging an appointment with one of our technicians or other staff. ITstuff[ed] may, from time to time, update or change these Terms and Conditions without prior notice.
“Appointment” is the time spent with you at the location arranged to meet excluding travel time.
“Available for booking” is from 8.30 am to 5.30 pm from Monday to Friday and until 7 pm on Thursdays. We are generally not available for bookings on public holidays unless otherwise specified.
Our “Call Out Fee” is part of our standard rates unless the location of an appointment is outside the closer Christchurch area.
“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 let us know if you are having difficulties accessing the price list prior to agreeing to these terms and conditions and booking an appointment.
“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.
2.1 As per Consumer Guarantee Act we Guarantee to perform our Services (a) with reasonable care and skill; (b) fit for the particular purpose. We will (c) complete our services within a reasonable time and (d) at a reasonable price, if no price or pricing formula has been previously agreed.
2.2 We will try to (a) diagnose any problem or; (b) draft a plan for the setup requirements described by you. We may provide a timeframe and an estimated dollar amount to complete the service. We do not guarantee any estimate of time or price or diagnosis will be accurate.
2.3 For us to be able to provide the services you must provide all information, co-operation, access to all equipment and premises required to provide the service.
2.4 If for any reason the objective of an Appointment cannot be achieved in one session, we will discuss options, which may include (a) arranging another Appointment; (b) extending an Appointment or; (c) stopping an Appointment without completing the objective. You may stop an Appointment at any time.
2.5 For us to be able to perform the service, we require a person over 16 years to be present at all times while providing the service at your premises.
2.6 We will be using our reasonable endeavours to perform the service. However, we cannot guarantee that the objective of the Service will be achieved and we are not liable if the objective of an Appointment is not met.
3.1 When you arrange an Appointment, we will attend the premises for that Appointment at the arranged time.
3.2 To cancel or stop an Appointment, you must advise us, if you wish to cancel, at least 2 hours prior to the time arranged for the appointment. If you are not present at the time of the appointment we may charge a $40 cancellation fee.
4. PRODUCT OWNERSHIP
4.1 Ownership of products remains with us until payment is made in full..
4.2 (a) If the total cost for hardware and software products exceeds $500 including GST payment in full is required prior to receiving the product or placing an order to obtain the product. (b) If software or hardware on order is not available after payment is received, an alternative product can be purchased or the amount received can be refunded.
4.3 If you have ordered Products comprising software by electronic delivery it is not reasonably practicable to return the software license. For that reason once you have ordered the software, you agree that you commit to the purchase of the software and cannot be returned unless otherwise agreed by us.
4.4 Non-faulty products cannot be returned once opened unless mutually agreed upon between both parties. To return a non-faulty product, the product must be in saleable condition, and will be subject to a minimum 20% restocking fee.
5.1 We will invoice fees for each Appointment within two working days from the Appointment unless arranged differently and you must pay those fees by the due date, usually within 7 days.
5.2 Payment must be made in cash, by EFTPOS, credit card or through the Stripe payment gateway or by bank transfer.
5.3 If payment is not made on time an interest rate of 20% per annum is applied, starting from the Due Date until the date payment, including interest, is received in full. You must pay any additional administration and debt collection costs.
5.4 If any amount is outstanding past the Due Date, we may stop providing our services for you until the debt is remedied.
5.5 Any payment by credit card and/or processed by Stripe incur a 2.9% surcharge + GST which is non-refundable.
5.6 If a quote for a project exceeds $450 including GST a deposit of 1/3 of the quoted amount will be required before commencing work. The total amount is required to be paid in full on delivery of the final product/agreed outcome.
If a project is stopped by the client, the time spent is chargeable at our hourly rate.
5.7 If we suspect a fraudulent credit card payment and if the card is not present to verify the cards signature we may ask for confirmation of your identity in form of a photograph of a photo ID and the front of your credit card prior to shipping goods out or providing a service.
6.1 Products we provide and/or install will be subject to the manufacturer’s warranty or the conditions of a, separately purchased, extended warranty.
6.2 We will use reasonable care and skill providing our Services.
6.3 We can not give any warranty for Products with any defect or failure caused by(a) improper storage or handling by you; (b) use, installation or alteration of the Product other than as recommended by the manufacturer; (c) fair wear and tear or; (d) failure to maintain the Products as recommended by the manufacturer.
6.4 You warrant that you are authorised to arrange an Appointment and the access to your premises, information or other material will not breach any third party rights.
7.1 We will not be liable for any loss of profits and/or savings and/or goodwill and/or opportunity and/or corruption of data and/or wasted staff time.
8. REMOTE ACCESS
8.1 Remote access to your computer is conducted using Teamviewer software and our own Teamviewer agent.
8.2 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.
8.3 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.
9.1 We may immediately terminate the agreement between us if we consider:
(a) there is any threat to the safety of any of our staff; (b) you are in breach of these Terms and Conditions; (c) there to be the presence of unlicensed or illegal software; (d) your equipment contains any pornographic, obscene, offensive or illegal content; or (e) you are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.