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Terms and Conditions
“Conditions” or “Terms” or “Terms and 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;
“services” means all services performed by us for you or on your behalf;
“we” or “us“ or “our“ means “Hascomp IT Services” (ABN 26 824 703 203).
Charges and Payment
Payment for goods and services must be made by cash, electronic transfer or credit card on or prior to the supply of the goods or services unless the customer has a prior organised credit account.
Credit card payments will attract a surcharge of approximately 2.7% for PayPal fees. The PayPal surcharge is included in all PayPal transactions.
All our visits are charged in half hour units after the first hour. Any part thereof is chargeable at the same rate as a full half-hour.
Call-out fees may be applied at rates dependent on your distance from the Adelaide CBD.
Surcharges may be applied on same day and/or outside business hours (Monday to Friday 9am to 5pm, excluding gazetted public holidays) visits.
All Transactions are processed in Australian Dollars.
Any written quotation provided by Hascomp IT Services is valid for 30 days from the date of creation.
If the customer is approved for supplies good(s) or service(s) to be invoiced, and they exceed the approved credit terms (usually two weeks), the customer may be charged a $12.00 late payment fee. If the customer has not paid an invoice more than a month after its issue, Hascomp IT Services reserves the right to amend the late invoice with interest fees of 15% per annum. In the case of an interest amended invoice, Hascomp IT will contact the customer to arrange invoice payment.
If the customer defaults on payment for more than 4 months after the issuance of an invoice, the customer will be held responsible for:
(a) Interest fees of 15% per annum.
(b) 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 Hascomp IT Services resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which may include engaging a debt collection agency to seek to recover the amounts due); and
(c) cease or suspend for such period as we think fit, the supply of any further goods or services to the customer.
These payment default actions may also be relied upon, at our option:
(a) Where the customer becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of their creditors; or
(b) where the customer has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the customers liquidation (including provisional liquidation), winding up or dissolution without winding up.
Performance of contract
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. Whilst every attempt will be made to perform the repairs onsite, it may be necessary to return the customers system to our base or third party for diagnosis and repair.
Hascomp IT Services Warranties
Repair of goods may result in loss of data.
If we cannot provide you with a solution to your problem, 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.
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.
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 Warranty.
You acknowledge that any equipment presented for repair may have pre-existing damage or other problems, and that we cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting therefrom.
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.
You shall comply, at your own expense, with any recommendations and guidelines with respect to the use of the goods, including any updates or replacements required in respect of equipment and software that is incidental to the use of the goods.
You shall ensure that your operators are adequately trained and informed as to the use of the goods supplied or serviced by us.
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.
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 performance of the goods. You agree to exercise due care and carry out such precautions which may be recommended by us including advising your staff of system restarts or scheduled downtime, recording of error information.
You warrant to us that you are the owner of, and/or have the right to be in possession of and make decisions regarding all data provided to us, 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 us and to the use of that personal information by us.
You shall backup 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 Hascomp IT Services technician. We shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
You must ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services.
You must provide our 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).
In the circumstance that these work environment requirements are not met, a call out fee may be charged to the customer.
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.
In no event shall we be liable for any failures or malfunctions caused by:
(a) any third party;
(b) our actions that were authorised by you;
(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 provide a proper operating environment for the goods;
(g) damage during any movement 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; or
(l) any loss or damage caused by any breach of your obligations or responsibilities set out in these Conditions.
In no event will we be liable to you or to any third party for:
(a) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit; or
(b) your liability to any third party
Our liability to you for any breaches by us of these Conditions is limited to:
The aggregate amount of the fees and charges paid by you under these Conditions at the date of the breach. In relation to goods if supplied to you:
(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 in relation to services if supplied to you:
(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.
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.
Copyright in Software
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. You hereby warrant that you have a valid licence in respect of such software and shall indemnify us against any loss, damage, or other expense arising as a result of us installing software at your request.
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 to you.
If you give us less than 24 hours notice to cancel any request for on-site service, then we may charge a cancellation fee equal to the first hour of service at our standard rate of $50 per hour.
Hire Safe Keeping
The hirer is responsible for the safe keeping of the equipment and shall bear the risk of any loss, theft, damage or destruction of equipment. If any of the equipment shall require repair or replacement as a result of the hirer’s use of the equipment the hirer shall bear the total cost of any such repair or replacement. The assessment of any damage to equipment and costing of charges to repair or replace equipment shall be at the sole assessment of Hascomp IT Services.
When you place an order for an item to be shipped, you are making an offer to purchase the item from Hascomp IT Services under our terms and conditions. At this point, there is no acceptance by us to supply any product. Hascomp IT Services reserves the right to refuse service; terminate service; remove or change contents; or cancel and refund an order at our sole discretion. If your order cannot be accepted or processed, you will be contacted by email or phone.
You must elect to have products sent to an Australian postal address as we do not ship overseas at this time.
You must be at least 18 years of legal age to order products from Hascomp IT Services. By agreeing to the terms and conditions and ordering from us, you are acknowledging that you are 18 years old or above.
Any date for delivery of a product indicated by us is an estimated date for delivery only. We are under no liability for any loss or damage, however it arises, and you may not treat the relevant purchase order or these terms and conditions as terminated, if the product is not delivered by that date.
Items purchased from Hascomp IT Services may be returned for a refund if:
(a) they are deemed faulty through no fault of your own;
(b) they don’t match our description or sample;
(c) they have defects that were not obvious or we did not bring to your attention.
The goods must be returned within a reasonable period and you may be asked for proof of purchase. You may also be asked to demonstrate that the problem with the goods was not your fault. Please note you are not entitled to a refund if you simply change your mind. If you wish to return an item, please confirm this with us first. Contact details are available on the contact section on our website, http://hascomp.net/contact. Include the order number and reason for return and we will be in contact at our earliest convenience. At our discretion, if we decide to offer a refund due to an error on your part, we will only credit the cost of the product, without the shipping costs. We shall honour all terms (if any) that are implied under the Trade Practices Act 1974 and nothing in this “Returns Policy” clause seeks to restrict, modify or exclude such terms.