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Terms & Conditions: ITech Computer Repairs Services & Support

Afterhours & Penalty rates:
Due to our very competitive pricing these rate apply to all customers, including contracted and Prepaid customers needing service in the following times or periods below and are based on the standard rate and not the already reduced rates in the prepaid or contract terms:
Monday - Friday  after hours:  5pm to 9am these times are at the rate of 1.5 x standard hourly rate for the first 3 hours then 2 x standard hourly rate for any hour thereafter.
Saturday  penalty rates:  9am to 12pm these times are at the rate of 1.5 x standard hourly rate for the first 2 hours then 2 x standard hourly rate for the remaining.
Sunday  penalty rates:  1am to 12pm these times are at the rate of 2 x standard hourly rate.
Public holidays  penalty rates:  9am to 5pm these times are at the rate of 2 x standard hourly rate, outside these hours it charged at 2.5x the standard hourly rate. Excluding christmas and new years day.
Christmas and New Years rates:  Charged at 3x the standard hourly rate.

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 ITech;
"goods" means all products and other goods (including any software) supplied by ITech to the Customer;
"services" means all services supplied by ITech to the Customer;
"ITech" means ITech Pty Limited (ABN TBA); and
"Party" and "Parties" means severally and not jointly ITech and/or the Customer as the context requires.

2.0 Basis of Contract
2.1 Unless otherwise agreed by ITech in writing, these Conditions apply exclusively to every contract for the sale of goods or the provision of services by ITech to the Customer and cannot be varied or supplanted by any other terms or conditions without the prior written consent of ITech.
2.2 Any written quotation provided by ITech to the Customer concerning the proposed supply of goods or services is valid for 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 ITech's 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 completion of the provision of goods or services unless the Customer has a credit account with ITech.
3.2 All ITech visits are chargeable and are charged in half hour units after the first hour. Any part thereof is chargeable at the same rate as a full half hour.
3.3 All goods supplied by ITech are charged separately from the services.
3.4 Where there is any change in the costs incurred by ITech in relation to the goods or services, ITech may vary its price for goods or services on order to take account of any such change, without giving notice to the Customer.
3.5 Call-out fees may be applied at rates dependent on the Customer's suburb.

4.0 Payment Default
4.1 If the Customer defaults in payment by the due date of any amount payable to ITech, or if any cheque drawn by the Customer is dishonoured, then all money which is then due as well as all monies that are payable by the Customer to ITech at a later date on any account, shall be due and payable immediately without the requirement of any notice to the Customer, and ITech may, without prejudice to any other right or remedy available to it:-
(a) charge the Customer interest on any sum due at the rate of 2% above the corporate reference rate of ITech’s 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 the Customer 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 ITech resulting from the default and in ITECH taking whatever action it deems 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 ITech thinks fit, supply of any further goods or services to the Customer; and
(d) by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by ITech; without effect on the accrued rights of ITech under any contract.
4.2 Clause 4.1 may also be relied upon, at the option of ITech:
(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 ITech for all goods supplied by ITech to the Customer, as well as all other amounts owing to ITech by the Customer:
(a) title and property in all goods remain vested in ITech and do not pass to the Customer;
(b) the Customer must hold the goods as fiduciary bailee and agent for ITech;
(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 ITech in a separate account however failure to do so will not affect the Customer's obligation to deal with the proceeds as trustee;
(d) ITech 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 ITech, and for this purpose the Customer irrevocably licenses ITech to enter such premises and also indemnifies ITech 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 ITech is intended as an estimate only and is not a contractual commitment. ITech will use its reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.

8.0 ITech Warranties
8.1 If ITech is not able to diagnose the cause of any hardware or software problem, then no charge will apply to the Customer. ITech does not warrant that it will be able to fix all problems that it diagnoses.
8.2 All goods and services supplied shall be free from defects in materials and workmanship for a period of 10 days from the date of delivery.
8.3 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 ITech (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.
8.4 ITech will comply with its obligations under the Privacy Act 1988 and in accordance with its Privacy Policy which can be viewed here. Customer must read and shall be deemed to have read the Privacy Policy. Customer agrees and consents irrevocably to ITech's 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 ITech 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 ITech in respect of any goods supplied by ITech in order to maximise the availability of and performance of the goods or permit performance by ITech of any of its obligations hereunder.
9.6 Customer agrees to exercise due care and carry out such precautions which may be recommended by ITech or otherwise required as a matter of prudence in connection with the performance by ITech 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 ITech technician. ITech 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 ITech 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, ITech's 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 ITech may elect.
10.3 In no event shall ITech 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 ITech 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 ITech;
(d) alteration or modification of the goods by anyone other than the ITech;
(e) products (including any hardware or software) not licensed or supplied by ITech 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) acts of God or acts outside ITech's 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 ITech. 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 ITech 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 ITech has been advised of the possibility of such loss or damage.
10.6 ITech will not be liable for any loss or damage suffered by the Customer where ITech 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 ITech will not be responsible to the Customer or any third party for any breach of any software licence in respect of software provided to ITech 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 ITech against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of ITech installing software at the request of the Customer.

12.0 Cancellation
12.1 If, through circumstances beyond the control of ITech, ITech is unable to effect delivery or provision of goods or services, then ITech 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 ITech to cancel any request for on-site service, then ITech may charge a cancellation fee of $80 for the loss and damage caused.

13.0 No representation or reliance
13.1 The Customer acknowledges that neither ITech nor any person acting on behalf of ITech 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 ITech, 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 ITech 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 Victoria. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

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