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Terms & Conditions | IT Fanatics – Your Friends in IT
Purchase of goods and services from IT Fanatics are subject to the following terms and conditions. When you purchase or receive goods or services from IT Fanatics, you accept the following terms and conditions, without limitation or qualification.
Notes: Terms & Conditions Overview. More Details on COMPUTER PROBLEMS SOLVED Guarantee See Section 8 of ITF and Section 13 of G2U. Guarantee or Onsite Warranty of Goods 10 Days to 14, 21 or 30
1.0 Definitions
In these conditions:
"Conditions" means these Conditions of Provision of Goods and Services;
"Customer" means a person, firm or corporation, jointly and severally if there is more than one, that requests goods or services from IT Fanatics;
"Services" means all services supplied by IT Fanatics to the Customer;
"IT Fanatics" means IT Fanatics (ABN 35 687 159 292);
and “Party” and “Parties” means severally and not jointly IT Fanatics and/or the Customer as the context requires.
2.0 Basis of Contract
2.1 Unless otherwise agreed by IT Fanatics in writing, these Conditions apply exclusively to every contract for the sale of goods or the provision of services by IT Fanatics to the Customer and cannot be varied or supplanted by any other terms or conditions without the prior written consent of IT Fanatics management.
2.2 Any written quotation provided by IT Fanatics to the Customer concerning the proposed supply of goods or services is valid for up to 7 days and is an invitation only to the Customer to place an order based upon that quotation. These Conditions may be supplemented by additional terms in IT Fanatics quotation which are not inconsistent with these Conditions.
3.0 Charges and Payment
3.1 Payment for goods and services must be made by cash, cheque or credit card on or prior to the completion of the provision of goods or services unless the Customer has a credit account with IT Fanatics.
3.2 All IT Fanatics visits are chargeable and are charged in half hour units. Any part thereof is chargeable at the same rate as a full half hour.
3.3 All goods supplied by IT Fanatics are charged separately from the services.
3.4 Where there is any change in the costs incurred by IT Fanatics in relation to the goods or services, IT Fanatics may vary its price for goods or services in order to take into account any such change, without giving notice to the Customer.
3.5 Call-out fees may be applied at rates dependent on the Customer's location.
4.0 Payment Default
4.1 If the Customer defaults in payment by the due date of any amount payable to IT Fanatics, or if any cheque drawn by the Customer is dishonoured, then all money which would become payable by the Customer to IT Fanatics at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and IT Fanatics may, without prejudice to any other remedy available to it:-
(a) charge the Customer interest on any sum due at the rate of 2% above the corporate reference rate of IT Fanatics principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full;
(b) charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis and dishonoured cheque fees) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
(c) cease or suspend for such period as IT Fanatics thinks fit, supply of any further goods or services to the Customer;
(d) by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by IT Fanatics; without effect on the accrued rights of IT Fanatics under any contract.
4.2 Clauses 4.1(c) and 4.1(d) may also be relied upon, at the option of IT Fanatics:
(a) where the Customer is an individual, he or she becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
(b) where the Customer is a corporation, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
5.0 Passing of Property
5.1 Until full payment in cleared funds is received by IT Fanatics for all goods supplied by it to the Customer, as well as all other amounts owing to IT Fanatics by the Customer:
(a) title and property in all goods remain vested in IT Fanatics and do not pass to the Customer;
(b) the Customer must hold the goods as fiduciary bailee and agent for IT Fanatics;
(c) the Customer must keep the goods separate from its goods and maintain the labelling and packaging of the goods; the Customer is required to hold the proceeds of any sale of the goods on trust for IT Fanatics in a separate account however failure to do so will not affect the Customer's obligation to deal with the proceeds as trustee;
(d) IT Fanatics may without notice, enter any premises where it suspects the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of IT Fanatics, and for this purpose the Customer irrevocably licenses IT Fanatics to enter such premises and also indemnifies IT Fanatics from and against all costs, claims, demands or actions by any party arising from such action.
6.0 Risk and Insurance
The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall pass to the Customer immediately upon delivery of the goods to the premises nominated by the Customer.
7.0 Performance of contract
Any period or date for delivery of goods or provision of services stated by IT Fanatics is intended as an estimate only and is not a contractual commitment. IT Fanatics will use its reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.
8.0 IT Fanatics Warranties
8.1 The IT Fanatics 'Computer Problems Solved' Guarantee relates only to the diagnoses of a problem and the recommendation of a Solution to the diagnosed problem. This Guarantee only applies to on-site support and not telephone or remote control support and only after one of our senior technicians or our Head Technician has attempted diagnose the cause of the issue.
8.2 If IT Fanatics is not able to diagnose the cause of any hardware or software problem, then no charge will apply to the Customer. IT Fanatics does not warrant that it will be able to fix all problems that it diagnoses. This Guarantee does not apply to situations where the solution is more expensive than the customer is willing to spend or not cost effective. 8.3 All goods and services supplied shall be free from defects in materials and workmanship for a period of 14 days from the date of delivery. 8.4 All goods supplied are subject to the warranty period as well as the terms and conditions set out by the manufacturer. 8.5 In the event of a defect occurring with a product during this 14 day delivery period, the item will be considered DOA (Dead on Arrival) and the warranty for this item will be serviced on-site at no cost to the customer. 8.6 In the event of a defect occurring with a product outside of this 14 day delivery period, it is the responsibility of the customer to return the item to our head office at their cost or contact the manufacturer for the servicing of the warranty. 8.5 If the customer requests our services for the servicing of the warranty on a product outside the 14 day delivery period, call out, labour and any other appropriate charges will be incurred.
8.6 Nothing in this clause 8 is intended by the parties to be, and shall not be construed or interpreted to be, a representation, term, warranty or condition that the operation, use or functionality of any goods or products supplied by IT Fanatics (including any software) will be uninterrupted or error free. Customer understands and accepts that all such goods and products (and information technology and communications products generally), may have errors (or “bugs”) and may encounter unexpected problems, and accordingly Customer may experience downtime and errors in the use of the goods and products. Without limiting the obligations set out in clause 9, Customer will put in place reasonable internal procedures and processes to enable it to minimise any inconvenience and any adverse impact of any such downtime or error.
8.7 IT Fanatics will comply with its obligations under the Privacy Act 1988 and in accordance with its Privacy Policy which can be viewed at http://www.itfanatics.com.au/index.php?option=com_content&task=view&id=14&Itemid=64. Customer must read and shall be deemed to have read the Privacy Policy. Customer agrees and consents irrevocably to IT Fanatics use of Customer’s personal information in accordance with the Privacy Policy.
9.0 Customer’s Responsibilities
9.1 Customer shall be solely responsible for all data inputs, the manner of use of the goods by all those to whom it provides access and all outputs derived, and all other results of such processing.
9.2 Customer shall comply, at its own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments or replacements required in respect of equipment and software that is incidental or collateral to the use of the goods.
9.3 Customer shall ensure that its operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by IT Fanatics and/or any third party manufacturer from time to time.
9.4 Customer shall promptly report errors or faults in the operation of any aspect of the goods or any provision of the services in accordance with applicable fault reporting procedures from time to time.
9.5 Customer shall perform general “housekeeping”, testing, adjustment and/or maintenance as recommended by IT Fanatics in respect of any goods supplied by IT Fanatics in order to maximise the availability of and performance of the goods or permit performance by IT Fanatics of any of its obligations hereunder.
9.6 Customer agrees to exercise due care and carry out such precautions which may be recommended by IT Fanatics or otherwise required as a matter of prudence in connection with the performance by IT Fanatics of any of its obligations hereunder, for example, but without limiting the generality of the foregoing, advising its staff of system restarts or scheduled downtime, recording of error information, and will co-operate with other system administration activities such as, but not limited to, running diagnostic tests and operational readiness tasks.
9.7 The Customer shall as a fundamental term of these Conditions back up all software, data and files that are stored on its computer and/or on any other storage devices it may have prior to the arrival of the IT Fanatics technician. IT Fanatics and/or its third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
10.0 Liability
10.1 To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided by IT Fanatics under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.
10.2 Except to the extent specifically provided in these Conditions, IT Fanatics sole liability to Customer for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
10.2.1 subject to sub-clauses 10.2.2 and 10.2.3, the aggregate amount of the fees and charges paid by the Customer under these Conditions as at the date of the breach;
10.2.2 in relation to goods if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the replacement of the goods or the supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; or
(c) the repair of the goods or payment of the cost of having the goods repaired; and
10.2.3 in relation to services if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again, as in each case IT Fanatics may elect.
10.3 In no event shall IT Fanatics be liable to Customer or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
10.3.1 malfunctions or failures caused directly or indirectly by:
(a) any third party;
(b) actions of IT Fanatics that were expressly or impliedly authorised by Customer, or by Customer’s employees or agents;
(c) accident, misuse or abuse by anyone other than the IT Fanatics;
(d) alteration or modification of the goods by anyone other than the IT Fanatics;
(e) products (including any hardware or software) not licensed or supplied by IT Fanatics that are attached to or used with the goods;
(f) Customer’s failure to provide a proper operating and working environment for the goods;
(g) damage during any movement, relocation or re-installation of the goods;
(h) power surge or failure,
(i) any acts outside IT Fanatics control;
(j) any other condition not arising under normal operating conditions; or
(k) normal wear and tear; or
10.3.2 any loss or damage of any nature arising or caused directly or indirectly by any breach of the Customer’s obligations or responsibilities set out in these Conditions.
10.4 Any replacement of parts under warranty will be carried out at the premises nominated by IT Fanatics. The cost and risk of transport of any defective part to the nominated premises is the responsibility of the Customer.
10.5 In no event will IT Fanatics be liable to Customer or to any third party under or in connection with these conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
10.5.1 any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
10.5.2 Customer’s liability to any third party; or
10.5.3 incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if IT Fanatics has been advised of the possibility of such loss or damage.
10.6 IT Fanatics will not be liable for any loss or damage suffered by the Customer where IT Fanatics has failed to meet any delivery date or cancels or suspends the supply of goods or services.
10.7 Nothing contained in these Conditions excludes, restricts or modifies any:
10.7.1 implied condition, warranty or other implied obligation in relation to these Conditions or the software and services where pursuant to applicable law to do so is unlawful or void; or
10.7.2 liability for fraud or deceit; or
10.7.3 liability for death or personal injury caused by the negligence of either Party.
11.0 Copyright in Software
11.1 IT Fanatics will not be responsible to the Customer or any third party for any breach of any software licence in respect of software provided to IT Fanatics by the Customer to be installed on a Customer's computer.
11.2 The Customer hereby warrants that it has a valid licence in respect of such software and shall indemnify IT Fanatics against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of IT Fanatics installing software at the request of the Customer.
12.0 Cancellation
12.1 If, through circumstances beyond the control of IT Fanatics, IT Fanatics is unable to effect delivery or provision of goods or services, then IT Fanatics may cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer.
12.2 If the Customer gives less than 4 hours notice to IT Fanatics to cancel any request for on-site service, then IT Fanatics may charge a cancellation fee of $49 for the loss and damage caused.
13.0 No representation or reliance
13.1 The Customer acknowledges that neither IT Fanatics nor any person acting on behalf of IT Fanatics has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.
13.2 The Customer acknowledges and confirms that it does not enter into these Conditions in reliance on any representation or other inducement by or on behalf of IT Fanatics, except for representations or inducements expressly set out in these Conditions.
13.3 Without limiting the generality of clauses 14.1 and 14.2, Customer understands and hereby confirms that:
(a) its decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by IT Fanatics or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in clause 8, and
(b) Customer has relied on its own skill and judgement in deciding to purchase and acquire the goods and services.
14.0 Entire Agreement
14.1 To the extent permitted by law, in relation to its subject matter, these Conditions:
14.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
14.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
15.0 Governing law
15.1 This Agreement is governed by and must be construed according to the law applying in New South Wales. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
Here at IT Fanatics, each and every one of our computer technicians has been carefully selected before they join our ranks; we make sure that they have the appropriate technical accreditation, experience and, above all, a great personality. So, if you need on-site computer repairs, if you are experiencing computer problems, or you just need computer service and maintenance, then book your computer support on-line or contact us today.
IT Fanatics © 2008
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