CONDITIONS OF USE OF SITE
By using this website (“https://www.computerman.com.au”), you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By using this website, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
These terms apply to the use of this Website, including the use of the information and services provided through this Website.
Upon registration as a subscriber you agree to pay for our services in the manner specified on the Website. We are entitled to rely on the payment to your account as conclusive evidence of your identity and authority without further investigation.
If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Computerman IT is entitled to suspend or terminate your subscription at any time if Computerman IT considers that you have brought, or may bring, the reputation of Computerman IT or it’s members into disrepute.
Our service shall be delivered as described from time to time on our website. We confirm that access to any specific professional mentioned in our website in person, or on-line is not guaranteed
Information Provided on Site
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update any information at any time. In addition, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. We are not liable for any loss arising from any action taken or reliance by you on any information or material posted by us.
Quality of Service
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.
You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other subscribers, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website. Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to [email protected] . We may investigate the claim and take appropriate action, which is at our sole discretion.
LIMITATION OF LIABILITY
Indirect and Consequential Loss
To the extent permitted by law, and subject to clause 7, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, or your reliance on any information obtained through the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises out of your use of the Website, including your use of the Website to provide a link to another site or to upload content or other information to the Website.
Copyright in this Website (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:
adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Website; or
commercialise or exploit any information, products or services obtained from any part of this Website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material. Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Website for your personal use. Without limiting the foregoing, you may not without written permission from us on-sell information obtained from this Website or post it to another website.
You warrant that you have all the necessary rights and permissions needed to submit content to the Website, whether that content be articles, images (moving and still), text, graphics, sound, stories, software or other copyrightable material (User Content). Where you are the owner of the intellectual property rights in User Content, you assign to us all right, title and interest in and attached to the intellectual property in the User Content with effect from the date you submit it to the Website. Where you are a licensee of the intellectual property rights in the User Content, you grant to us a royalty-free, non-exclusive world-wide licence of the intellectual property rights in the User Content to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform & display on any media platform and by any means.
To the full extent permitted by law, you consent to us (and all persons authorised by us) infringing any of the moral rights (as that term is defined in the Copyright Act 1968 (Cth) and includes the same or similar moral rights that may exist in jurisdictions other than Australia) that you may have in the Works. To the extent that consent is not effective in any jurisdiction, then you waive any moral rights you may have.
We have the right, but not the obligation to monitor User Content and we may remove or refuse User Content which we consider, in our sole discretion, to be:
infringing third party rights (including copyright);
misleading or inaccurate;
without basis or sound reasoning; or
in breach of the Permitted Uses for the Website (below).
Notwithstanding our right to supervise, we accept no responsibility or liability for User Content. You must ensure that the content you upload does not infringe the copyright, moral or other rights of third parties (such as privacy or publicity rights), and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause.
Visitors to the Website who believe their intellectual property rights (including, but not limited to, copyright) are being infringed can issue a Take Down Notice via a DMCA Notice under the Digital Millennium Act.
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalises production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalises the act of circumventing an access control, whether or not there is actual infringement of copyright itself while limiting the liability of the providers of on-line services for copyright infringement by their users.
Please contact [email protected]
We explicitly prohibit use of the material on this Website in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
you are legally responsible for all content you submit;
under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
you will not:
post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
post or transmit false or misleading material or make any form of misleading or deceptive representation;
knowingly or recklessly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;
exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or “spam” or any other means that are contrary to our commercial or lawful interests);
provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or
delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
The Website may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
PAYMENT AND REFUNDS
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve right to terminate your access our service if you are not up to date with any payment plan that may be offered.
We expect that we will use Stripe payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
All fees are non-refundable, unless:
The Computerman IT Service is not available for a period lasting more than 3 days. In this circumstance, a pro rata refund may be granted upon written request by email at [email protected] however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email or telephone); or
we agree to issue you with a refund in accordance with the clause (variation) below.
Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.
All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, you will not be granted a refund. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term (e.g. the full term of the contract in which you entered).
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect Computerman IT subscribers we will provide you additional notice to you by way of the email you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:
received notice of such changes when we place a notice on the Website setting out the changes; and
agreed to the terms and conditions as varied the next time you access your account after we publish the notice on the Website.
If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing [email protected] and requesting a refund within 24 hours of initial sign up. Initial join up fees will not be refunded.
This Website seeks to adhere to the “Internet Industry Code of Practice” (“IICP”) available atwww.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, we:
encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content;
notify you that you must not place on the Website content that is in contravention of any Australian State, Territory or Commonwealth law;
warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting www.cybersmart.gov.au, or following the link in the bullet point below;
encourage you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter at:http://www.iia.net.au/index.php?option=com_content&task=view&id=416&Itemid=9#what_must_i_do;
notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visitingwww.acma.gov.au; and
encourage you to contact us at [email protected] if you would like to make a complaint about any of the content shown on the Website, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.
We request the Australian Communications and Media Authority contact the us at [email protected] to send any takedown notices.
If we cannot provide you with a solution to your problem, we will not charge you for those services in respect of that problem (No Fix, No Pay Guarantee). 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.
If you notify us of a problem with the services you were provided, 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 and 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 a problem which occurs with your computer after our visit may be unrelated to the work we performed for you and is therefore outside the scope of our Service Guarantee.
When we sell you equipment, hardware or software, we may be selling such equipment, hardware or software on behalf of a third party manufacturer or licensor. 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 shall honour all terms, conditions and obligations (if any) that are implied or imposed under applicable State or Commonwealth laws concerning the supply of the goods and/or the performance of the services and nothing in these Conditions seeks to restrict, modify, limit or exclude such terms, conditions or obligations. Our express warranty and guarantee are in addition to and do not affect your statutory rights and remedies (if any).
You consent to your personal information being used and/or disclosed for any reasons given to you by us in relation to the collection, use and disclosure of your personal information. Personal information relating to you which we collect, use and disclose may include sensitive information, such as your details related to how you pay for our services. For example, you consent to us using and disclosing information about your name for the purposes of publicly displaying your testimonial on the Website, displaying the results of competitions, promoting the service and encouraging other subscribers as well as to financial service providers to allow processing of payments. Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.
SEVERANCE & TERMINATION
Computerman IT may in its sole and absolute discretion refuse membership, or suspend or terminate membership at any time and for any reason, subject to a valid refund of fees.
If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.
These terms are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.
- Information we collect
- How we use your information
- Who we exchange your information with
- How we keep your information secure
- How you can access, update and correct your information
- How you can make a complaint about misuse of your information
- About this policy
- Collection and storage of your personal information
2.1. Why do we collect your personal information?
If you are customer, to provide you with IT support services for your computer and peripheral devices, including collateral services. We always try to collect only the information we need for the particular services that you have asked us to provide to you.
If you are an applicant seeking employment or appointment as a contractor, so that we can assess your suitability.
If you are an employee or contractor, for all purposes relevant to your employment or engagement with us.
2.2. What personal information do we collect and store?
The personal information we collect and store will depend on why you contact us and on which Computerman IT services and products you order and/or subscribe to. The information may include:
- your name and contact details, including your physical address, email address and telephone number(s);</li>
- your ABN;
- your bank account and/or credit card details;
- your employment history (which may include sensitive information), if you apply for a job with us;
- other employment-related information, if you apply for a job with us; and
- other information you may provide to us, e.g. through customer surveys.
2.3. How do we collect personal information?
There are quite a few ways we may seek information from you directly. We might collect your information when you fill out an electronic form on our website, sign up to our newsletter, enter one of our competitions, apply for a job with us, telephone us, send us an email or complete a customer survey.
Some customers like to engage with us through social media channels. We may collect information about you when you interact with us through these channels.
We collect your email address and, if you provide it, other contact details when you subscribe to our email lists. We only use this information to send you our newsletter, regular updates on Computerman IT and our services, and to administer the lists.
We use e-forms to enable you to lodge a complaint, application or enquiry online via our website.
Where our website allows you to make comments, give feedback or communicate with us, we sometimes collect your email address and sometimes some other contact details. We may use your email address to respond to your comments, feedback or communication.
We may use a persistent cookie (a cookie that stays linked to your browser) to record your visits so we can recognise you if you visit our website again. It also lets us keep track of products or services you view so that, with your consent, we can send you news about them.
We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track user movements, and gather broad demographic information.
In order for us to provide our services, we may collect personal information about you indirectly from third parties such as:
- publicly available sources; or
- your representative, such as an assistant or colleague, an adult relative, a caregiver, who contacts us on your behalf.
2.4. How do we store/hold your personal information?
All your information is stored electronically and securely in our database and other secure information systems.
Where possible, we will allow you to interact with us anonymously or using a pseudonym.
For example, if you contact our Customer Service Team with a general question, you won’t be required to give your name.
However, for most of our services we usually need your name and contact information and enough information about the particular matter to enable us to fairly and efficiently handle your inquiry, request, complaint or application, or to act on your communication with us.
- What if you don’t provide us with your personal information?
If you don’t provide your personal information to us, we may not be able to properly provide our service to you, administer your account, verify your identity and/or let you know about other products and services that might be useful to you.
- When will we notify you that we have received your information?
When we receive personal information from you directly, we’ll take reasonable steps to notify you how and why we collected your information, who we may disclose it to and how you can access it, seek correction of it or make a complaint.
Your privacy and the protection of your personal information is very important to us. We do not disclose your personal information to any other person, organisation or entity except our contracted service providers.
5.1. Service providers
Computerman IT uses a number of service providers to whom we disclose personal information only in order to provide our services to you. These include providers that host our website servers, manage our IT and provide third party specialist repair services to our customers.
5.2. Disclosure of personal information overseas
We do not disclose personal information overseas.
- Quality of your personal information
To ensure that the personal information we collect is accurate, up-to-date and complete we do one or more of the following (where practicable and relevant):
- record information in a consistent format;
- promptly add updated or new personal information to existing records; and/or
- verify our contact lists to check their accuracy.
The accuracy of your information is of course largely dependent on what you provide us. To make sure we’ve got your most current and accurate details, please let us know when your information changes (e.g. if you change your name or move house).
- Security of your personal information
The security of your personal information is a high priority for us. We take reasonable steps to protect it from misuse, interference and loss, and from unauthorised access, modification or disclosure. Some of the ways we do this are:
- confidentiality requirements of our employees;
- security measures for access to our system;
- other security measures in our system (including keeping a record or ‘audit trail’ of when someone has added, changed or deleted personal information);
- electronic security measures in our system like firewalls and data encryption; and</li>
- control of access to our office.
- Direct Marketing
We may send you direct marketing communications and information about our products, services, discounts, competitions and special promotions that we consider may be of interest to you.
We may do this via email, telephone, SMS, mail or any other electronic means.
We will always let you know that you can opt-out from receiving our marketing offers and will provide easy to follow steps to do so.
- Accessing and correcting your personal information
You have the right to ask for access to personal information that we hold about you, and ask that we correct that personal information. You can ask for access or correction by contacting us and we must respond within 30 days. If you ask, we must give you access to your personal information, and take reasonable steps to correct it if we consider it is incorrect, unless there is a law that allows or requires us not to.
We will ask you to verify your identity before we give you access to your information or correct it, and we will try to make the process as simple as possible. If we refuse to give you access to, or correct, your personal information, we must notify you in writing setting out the reasons why.
If we make a correction and we have disclosed the incorrect information to others, you can ask us to tell them about the correction. We must do so unless there is a valid reason not to.
If we refuse to correct your personal information, you can ask us to associate with it (for example, attach or link) a statement that you believe the information is incorrect and why.
- How to make an enquiry or a complaint
If you have an enquiry or a complaint about how we handle your personal information, we want to hear from you. Please let us know about your concerns in one of the following ways:
- submitting an electronic contact form via https://www.computerman.com.au
- emailing us at [email protected]
We are committed to resolving your complaint and doing the right thing by our customers. Most complaints are resolved quickly, and you should hear from us within five business days.
If you are not satisfied with our response you may ask for a review by a more senior officer within Computerman IT (if that has not already happened).
If you still feel your issue hasn’t been resolved to your satisfaction, then you can raise your concern with the Office of the Australian Information Commissioner:
- online at: http://www.oaic.gov.au/privacy
- by phone on: 1300 363 992
- via email to: [email protected]
- in writing to: GPO Box 2999, Canberra, ACT 2601
- fax on: +61 2 9284 9666.
Terms & Conditions
The supply of goods and/or the performance of services by Computerman IT (“we“ or “us“ or “our“) to all its customers (“you“) is offered only and exclusively on the following terms and conditions.
By requesting, ordering or otherwise permitting us to supply goods to or perform services for you, you hereby accept irrevocably and unconditionally our offer without derogation or qualification.
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 your local time, excluding gazetted public holidays;
“Computerman IT” or “we“ or “us“ or “our“ means Computerman IT (ABN 98 987 356 537);
and“Party“ and “Parties“ means (severally and not jointly) Computerman IT and/or the Customer as the context requires.
2.0 Basis of Contract
2.1 Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent.
2.2 Any written quotation provided by us to you concerning the proposed supply of goods or services is valid for 30 days and is an invitation only to you to place an order based upon that quotation. These Conditions may be supplemented by additional terms in our quotation which are not inconsistent with these Conditions.
3.0 Charges and Payment
3.1 Payment for goods and services must be made by credit card on or prior to the supply of the goods or the performance of the services unless you have a credit account with us. Credit card payments will attract a Merchant Service Fee (MSF) of (1.75% + 30c) + 10% gst for Visa or MasterCard and (2.9% + 30c) + 10% gst for American Express.
3.2 All our services are chargeable and are charged in hour units after the first hour. Any part thereof is chargeable at the same rate as a full hour.
3.3 All goods supplied by us are charged separately from the services.
3.4 Where there is any change in the costs incurred by us in relation to the goods or services, we may vary our price for goods or services on order to take account of any such change, without giving notice to you.
3.5 Call-out fees may be applied at rates dependent on your suburb should you request a technician visit your premises.
3.6 Surcharges may be applied on priority and/or outside business hours visits or services.
3.7 If you nominate and are approved for the good(s) or service(s) you have purchased to be invoiced, you may be charged an account fee per invoice issued. This fee will be advised in advance.
3.8 If you exceed your approved credit terms, you will be charged a $12.00 late payment fee. A revised invoice will be sent to you.
4.0 Payment Default
4.1 If you default in the payment by the due date of any amount payable to us, or if any cheque drawn by you is dishonoured, then all money which is then due as well as all monies that are payable by you to us at a later date on any account, shall be due and payable immediately without the requirement of any notice to you, and we may, without prejudice to any other right or remedy available to us:-
(a) charge you interest on any sum due at the rate of 2% above the corporate reference rate of our 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; and
(b) charge you for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging Dun & Bradstreet or other debt collection agency to seek to recover the amounts due); and
(c) cease or suspend for such period as we think fit, supply of any further goods or services to you; and
(d) by notice in writing to you, terminate any contract with you so far as unperformed by us; without effect on our accrued rights under this or any other any contract.
4.1 may also be relied upon, at our option:(a) where you are an individual, you become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally; or(b) where you are a corporation, you enters into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up.
5.0 Passing of Property
5.1 Until full payment in cleared funds is received by us for all goods supplied by us to you, as well as all other amounts owing to us by you:(a) title and property in all goods remains vested in us and does not pass to you;(b) you must hold the goods as fiduciary bailee and agent for us;(c) you must keep the goods separate from your other goods and maintain the labelling and packaging of the goods;(d) you hereby undertake to us to hold the proceeds of any sale of the goods on trust for us in a separate account, however any failure to do so will not affect your obligation to deal with the proceeds as our trustee;(e) we may, without notice, enter any premises where we suspect the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of us, and for this purpose you irrevocably license us to enter such premises and shall also indemnify us and hold us harmless 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 you immediately upon delivery of the goods to the premises nominated by you.
7.0 Performance of contract
7.1 Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment. We will use our reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.
7.2 Whilst every attempt will be made to perform our services, it may be necessary to return your system to our base or third party for diagnosis and repair.
8.0 Computerman IT Warranties
8.1 If we cannot provide you with a solution to your problem, we will not charge you for those services in respect of that problem (No Fix, No Fee Guarantee). 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.
8.2 We stand behind our service. If you notify us of a problem with the services you were provided, 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 and at no additional cost to you.
8.3 You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed. You also acknowledge that a problem which occurs with your computer after our visit may be unrelated to the work we performed for you and is therefore outside the scope of our Service Guarantee.
8.4 You acknowledge that any equipment presented for repair may have pre-existing damage or other problems, and that Computerman IT cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting therefrom.
8.5 When we sell you equipment, hardware or software, we may be selling such equipment, hardware or software on behalf of a third party manufacturer or licensor. 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.
8.6 We shall honour all terms, conditions and obligations (if any) that are implied or imposed under applicable State or Commonwealth laws concerning the supply of the goods and/or the performance of the services and nothing in these Conditions seeks to restrict, modify, limit or exclude such terms, conditions or obligations. Our express warranty and guarantee are in addition to and do not affect your statutory rights and remedies (if any).
9.0 Customer’s Responsibilities
9.1 You 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 You shall comply, at your 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 You shall ensure that your operators are adequately trained and informed as to the use of the goods and shall comply with guidelines and procedures supplied by us and/or any third party manufacturer from time to time.
9.4 You 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 You shall perform general “housekeeping”, testing, adjustment and/or maintenance as recommended by us in respect of any goods supplied by us in order to maximise the availability of and performance of the goods or permit performance by us of any of our obligations hereunder.
9.6 You agree to exercise due care and carry out such precautions which may be recommended by us or otherwise required as a matter of prudence in connection with the performance by us of any of our obligations hereunder, for example, but without limiting the generality of the foregoing, advising your 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 You represent and warrant to Computerman IT that you are the owner of, and/or have the right to be in possession of and make decisions regarding, all data, media or equipment (“Data”) provided to Computerman IT, and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of personal information by you to Computerman IT and to the use of that personal information by Computerman IT, and that your collection, possession, processing and transfer of such Data is in compliance with data protection and privacy laws to which you are subject. You indemnify Computerman IT from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of your warranties.
9.8 You shall as a fundamental term of these Conditions 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 Computerman IT technician or delivery of the support technicians’ service via remote support. 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.
9.9 Onsite services involve our Computerman IT technicians or a contracted third party technician visiting you at your home or other location (Premises) requested by you.
9.9.1 You must ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services.
9.9.2 You must provide our technicians with:(a) access to the areas of your premises necessary to provide services;(b) necessary passwords to your computer;(c) a safe working environment and working space;(d) electrical power and internet access (where applicable).
9.9.3 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.
10.1 The goods may come with guarantees that cannot be excluded under the ACL. You may therefore be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the ACL if any services supplied by us fail to meet a consumer guarantee under the ACL. Furthermore, nothing contained in these Conditions excludes, restricts, limits or modifies any:(a) term, condition, warranty, guarantee or obligation in relation to the goods and/or the services (nor any right or remedy in relation to the breach or non-performance of any such term, condition, warranty, guarantee or obligation) where pursuant to applicable law to do so is unlawful or void or unenforceable; or(b) liability for fraud or deceit; or(c) liability for death or personal injury.
10.2 Subject always to clause 10.1, and without excluding, restricting, limiting or modifying the rights and remedies to which you (if you are a consumer as defined by the ACL) may be entitled under the ACL or our liability to you thereunder:
(a) you acknowledge that we are not the manufacturer of the goods and have no control whatsoever over their manufacture, and, accordingly, the goods are provided “as is” (that is, as supplied by the manufacturer) and that we do not make any warranty or representation as to the quality and/or the suitability of the goods;
(b) all terms, 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 us under these Conditions, that may otherwise be implied or imposed by statute, law, equity, trade custom, prior dealings between us or otherwise, are hereby excluded;
(c) our liability to you for loss or damage of any kind arising out of, or in connection with, these Conditions and/or the goods and/or the services, is reduced to the extent (if any) that you cause or contribute to the loss or damage;
(d) in no event shall we be liable to you under, arising out of, in connection with, or in respect of, either these Conditions and/or the goods and/or the services for:
(i) any loss, damage, cost or expense of any nature that was caused (directly or indirectly) by:
(a) any third party;
(b) our actions that were expressly or impliedly authorised by you, or by your employees or agents;
(c) accident, misuse or abuse by anyone other than us;
(d) alteration or modification of the goods by anyone other than us;
(e) products (including any hardware or software) not licensed or supplied by us that are attached to or used with the goods;
(f) your failure to maintain the goods or 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) acts of God or acts outside our reasonable control;
(j) any other condition not arising under normal operating conditions;
(k) normal wear and tear;
(l) any breach of your obligations or responsibilities set out in these Conditions;
(m) our failure to meet any delivery date or cancelled or suspended supply of goods or services;
(ii) loss of profit;
(iii) business interruption costs or expenses;
(iv) loss of or damage to goodwill or reputation;
(v) the failure to realise an expectation benefit;
(vi) liability to any third party;
(vii) loss of or corruption to data;
(viii) consequential loss, damage, cost or expense; or
(ix) incidental or indirect loss, damage, cost or expense; or
(x) special, exemplary or punitive damages or fines,even if we have been advised of the possibility of such loss, liability, damage, cost, expense or fines; and
(e) except to the extent already excluded or limited under these Conditions, our maximum liability to you under, arising out of, in connection with, or in respect of, either these Conditions and/or the goods and/or the services, shall be limited to:
(i) in relation to goods if supplied to you as a consumer (as defined in the ACL):
(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, as in each case we may elect; and
(ii) in relation to services if supplied to you as a consumer (as defined in the ACL):
(a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again, as in each case we may elect.10.3 Any replacement of parts under warranty will be carried out at the premises nominated by us. The cost and risk of transport of any defective part to the nominated premises is your responsibility.
11.0 Copyright in Software
11.1 We will not be responsible to you or any third party for any breach of any software licence in respect of software provided to us by you to be installed on your computer.
11.2 You hereby warrant that you have a valid licence in respect of such software and shall 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.
12.1 If, through circumstances beyond our reasonable control, we are unable to effect delivery or provision of goods or services, then we may cancel your order (even if it has already been accepted) by notice in writing to you.
12.2 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.
13.0 Priority and Same Day Service
These guarantees (Priority Service and Same Day Service) apply exclusively to services scheduled with us through our ticketing system for Windows-based systems (tickets must be prepaid through our website to qualify). These services may incur a surcharge and must be requested using the online ticket system no later than 10am Monday through Friday, excluding holidays. We may assign specific appointment times at our discretion, either for our own purposes or as a courtesy to you, but we only guarantee that a technician will provide you with service by midnight. Your request for specific appointment times are not covered by this guarantee in any way. This guarantee only applies to the initial service or inspection by our technician and does not ensure that all necessary work can be completed on the same day. Any changes made by you to a same day service request that is already scheduled, void this guarantee in its entirety. In the event we are unable to provide Priority or Same Day Service, our only liability is to provide you with a refund should no service have been delivered. Additional restrictions may apply. We may cancel these offers at any time.
14.0 No representation or reliance
14.1 You acknowledge that neither we nor any person acting on behalf of us 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.
14.2 You acknowledge and confirm that you do not enter into these Conditions in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Conditions.
14.3 Without limiting the generality of clauses 14.1 and 14.2, you understand and hereby confirm that:(a) your decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us 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) you have relied on your own skill and judgement in deciding to purchase and acquire the goods and services.
15.0 Entire Agreement
15.1 To the full extent permitted by law, in relation to its subject matter, these Conditions:
15.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
15.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
16.0 Governing law
16.1 This Agreement is governed by and must be construed according to the law applying in Queensland. The Parties hereby irrevocably submit to the jurisdiction of the courts of Queensland.
Thank you for considering Computerman IT for your computer service and repair needs. We’re passionate about computers and can’t wait to resolve your computer issues.