terms and conditions
Eastside IT Services T&Cs
Introduction
These terms and conditions apply to the supply of services and goods by Eastside IT Services ABN 54 913 021 900 (“we” or “us” or “our“).
Mandatory Repair Notices
Please be aware that:
- 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; and
- the repair of your goods may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods.
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 8am to 5pm at your local time, excluding gazetted public holidays;
“Party” and “Parties” means (severally and not jointly) Eastside IT Services and/or the Customer as the context requires.
2.0 Service
We will perform the Service and supply the Goods specified in the booking call (Deliverables) at the rates specified in that booking call in accordance with the terms and conditions set out in this document. By agreeing to accept the Deliverables, you are agreeing to comply with these terms and conditions.
Any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavours to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays.
You acknowledge and agree that we may need to take your system to our base or third party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs.
3.0 Service Conditions
In providing the Deliverables to you, you acknowledge and agree that the solution we may identify is 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.
You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed.
We will comply with the Privacy Act 1988 (Cth) at all times.
4.0 Charges and Payment
Payment for goods and services must be made by cash, cheque or credit card immediately upon completion of the supply unless you have a credit account with us.
Any part of a half hour block is chargeable at the same rate as a full half hour.
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.
5.0 Customer’s Responsibilities
You represent and warrant to Eastside IT Services that you are the owner of, and/or have the right to be in possession of all equipment, data or media provided to Eastside IT Services for repair. You further represent that you have the right to authorise Eastside IT Services to carry out repairs on your equipment.
You must 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 Eastside IT 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.
You warrant to Eastside IT Services that you hold all necessary licenses and approvals for any software item you request Eastside IT Services to install on your computer equipment. You agree to 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.
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:
- access to the areas of your premises necessary to provide services;
- necessary passwords to your computer;
- a safe working environment and working space; and
- electrical power and internet access (where applicable).
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.
6.0 Liability
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Eastside IT Services will exercise reasonable care in handling any equipment which you provide to it.
You agree to indemnify and will keep Eastside IT Services indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Eastside IT Services in connection with your equipment, your breach of these Terms and Conditions or your breach of any rights of third parties.
Where Eastside IT Services is liable to you under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, to:
in relation to goods:
the replacement of your goods or the supply of equivalent goods;
- the payment of the cost of replacing your Product or of the supply of an equivalent Product; or
- refunding the amount of your order, and
in relation to services:
- supplying of the services again; or
- payment of the cost of having the services supplied again.
You agree that, to the fullest extent permitted by applicable law, Eastside IT Services will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
- interruption of business;
- access delays to, access interruptions to, suspension of or discontinuation of the service;
- data non-delivery, mis-delivery, corruption, destruction or other modification;
- loss or damages of any sort incurred as a result of dealings with us;
- viruses, system failures or malfunctions which may occur in connection with Eastside IT Services supplying the Deliverables to you; or
- events beyond our reasonable control.
7.0 Feedback and Information
Eastside IT Services welcomes your feedback. It helps us improve! You agree that we may use any written feedback you provide to us on our website and otherwise for marketing purposes without needing to obtain your further consent to do so.