TERMS & CONDITIONS
MANDATORY REPAIR NOTICES
As per the Competition and Consumer Act 2010, please note the following Mandatory Repair Notices required by law:
(a) Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
(b) Repair of goods may result in loss of data.
1. APPLICABILITY AND ACCEPTANCE OF THESE CONDITIONS
1.1 These Conditions apply to each service/order that Mobile Computer Geeks Services ABN 92 810 769 916 carries out. These Conditions do not apply for which there are separate terms and conditions specifics to other products and services.
1.2 The supply of goods and/or the performance of services by Mobile Computer Geeks Services (“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.
1.3 Mobile Computer Geeks Services technicians are independent sub-contractors.
1.4 Mobile Computer Geeks Services reserves the right to change these conditions from time to time without any prior notice.
2. Charges, Prices & Payment
2.1 You agree to pay in full the amount specified on any invoice rendered by us for goods and services supplied to you on completion of service (C.O.D payment terms), unless we agree otherwise in writing.
2.2 Mobile Computer Geeks offers a “No Fix No Fee policy”. This means that if we cannot provide a solution to the problem, we will not charge you for our services. 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 a solution to your problem, whether or not you choose to implement that solution.
2.3 If we have implemented a solution in terms of fixing a software or hardware and the problem still persists, we will identify the cause of the problem and if it is found to be associated directly with the service we offered, we will send another technician without any further charge.
2.4 All our services come with a 14 days repair guarantee.
2.5 We accept Cash, Debit Cards, Credit Cards and EFT. There is a 3% surcharge on all payments made by any debit/credit card. You authorise us to charge all fees incurred by you in relation to the services provided to the credit/debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
2.5 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 3% 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) ease 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.
3. RISK AND TITLE
3.1 Product warranty and liability depends on the individual manufacturer and will be followed accordingly.
3.2 You are liable to pay in full the price of any goods or services delivered to you. If you fail to pay for goods by the due date for payment, we will be entitled to retake possession of the goods, resell them and keep the proceeds of the sale.
3.3 In some cases, our technicians may have to take your computer with them to carry the repairs offsite with your approval. Once the repairs have been completed Mobile Computer Geeks Services will make every opportunity to contact you so we can return your computer back to you. If we are unable to contact you within 30 days, we will consider the matter closed and dispose the computer.
4. Customer’s Responsibilities
4.1 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.
4.2 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.
4.3 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.
4.4 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.
4.5 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.
4.6 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.
4.7 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 Mobile Computer Geeks Services 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.
4.8 Onsite services involve our Mobile Computer Geeks Services technicians visiting you at your home or other location (Premises) requested by you.
5.1 You acknowledge that personal information concerning you collected or held by us may be used for a variety of purposes including:
a) to supply goods and services that you have ordered/commissioned;
b) to administer your account and to enforce this contract; and
c) for marketing purposes which may include disclosure of your information to other members of Mobile Computer Geeks Services.
5.2 If you fail to provide any information requested by us, we may be unable to supply the goods and services that you order or request.
5.3 In most circumstances, you have a right to access any personal information which we collect and hold about you and to have it corrected if any errors are identified.
6.1 In these Conditions the terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services) Tax 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of services under these Conditions.
6.2 Any amount payable by you under clause 2 is inclusive of GST.
6.3 If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the goods or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment.
6.4 In relation to any GST paid by a party under these Conditions, including any adjustment, the payee will provide the payor with a tax invoice.
7. TERMINATION FOR BREACH
7.1 Without prejudice to our other rights at law, we may cease supply of goods or services to you immediately by giving notice in writing if you breach any material term of these Conditions.
8. DISCLAIMER OF LIABILITY AND WARRANTIES
8.1 The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by us of goods or services ordered by you which cannot be excluded, restricted or modified (Non-excludable Rights). We do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute.
8.2 Except as provided for by the Non-excludable Rights:
(a) all goods and services ordered by you are provided without warranties of any kind, either express or implied;
(b) we do not warrant that those goods and services will be complete or free from all errors;
(c) we do not warrant that information will continue to be available to us to enable us to keep those goods and services up-to-date; and
(d) all representations are expressly excluded and you have not relied on any representations in ordering goods and services from us.
8.3 To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply.