In these terms and conditions:
“conditions” means these Terms and Conditions;
“ACL” means the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010;
“services” means all services performed by us for you or on your behalf;
“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;
“customer” or “you“ means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;
“T3K” or “we“ or “us“ or “our“ means T3K, Rhys Faulks (ABN 20 731 817 106)
1. HOURS OF OPERATION
Standard business hours of operation are 9:00am and 5:00pm Monday to Friday not including Queensland public holidays.
Extended business hours are common. They are made available and may incur an extra service charge at the discretion of T3K. If so, the charge will be agreed upon prior to service provision.
2. SERVICE REQUEST TIMEFRAMES
Service requests placed between standard business hours of operation will be largely (approx. 90%) acknowledged as soon as reasonably possible (approx. within 1min-2hrs).
An estimate of service provision timeframes will commonly be provided at that time or as soon as reasonably possible.
Service provision will be as soon as reasonably possible (within a priority system) which is at the determination of the professional decision of T3K.
External factors may be present or considered when assessing and providing service provision timeframes.
3. METHOD OF SERVICE PROVISION
Remote services will be employed when possible and suitable.
Phone support also provided when possible and suitable.
Onsite services are provided at either the discretion of T3K or with approval (which may incur additional service fees).
4. CANCELLATION OF SERVICE PROVISION
If through circumstances beyond our reasonable control, we are unable to effect delivery or provision of goods or services, then we may cancel your request (even if it has already been accepted) by notice in writing to you.
If you give us less than 24 hours notice to cancel any request for onsite service, then we may charge a cancellation fee of $50.00 ex GST.
5. SERVICE CHARGE MINIMUM
5.1 A minimum charge per service of 30 minutes will apply once service provision has been agreed upon.
6. RISK AND INSURANCE
6.1 The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods shall always remain with you.
7. T3K WARRANTIES
7.1 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 the agreed service.
7.2 You acknowledge that any equipment presented for repair may have pre-existing damage or other problems, and that T3K cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting therefrom.
7.3 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.
7.4 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 is in addition to and does not affect your statutory rights and remedies (if any).
8. CUSTOMER’S RESPONSIBILITES
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.7 You represent and warrant to T3K 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 T3K, and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) and it’s amendments in relation to the disclosure of personal information by you to T3K and to the use of that personal information by T3K, 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 T3K 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.
8.8 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 or provision to a T3K technician. 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.
8.9 Onsite services involve our T3K technicians visiting you at your home or other location (Premises) requested by you.
8.9.1 You must ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services.
8.9.2 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).
8.9.3 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.
9.1 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.
9.2 Subject always to clause 9.1, 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 realize 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.
9.3 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.
10. COPYRIGHT IN SOFTWARE
10.1 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.
10.2 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.
11. NO REPRESENTATION OR RELIANCE
11.1 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.
11.2 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.
11.3 Without limiting the generality of clauses 11.1 and 11.2, you understand and hereby confirm:
(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 7, and
(b) you have relied on your own skill and judgement in deciding to purchase and acquire the goods and services.
12. ENTIRE AGREEMENT
12.1 To the full extent permitted by law, in relation to its subject matter, these Conditions:
12.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
12.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
13. GOVERNING LAW
13.1 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.