Computer Repair & Service Terms and Conditions Agreement
1‐ By engaging and accepting our service ‐ from Aussie Tech Heads (ABN 86169818682) you are acknowledging that you have read and understand these terms and conditions and agree to all these terms below. YOU AGREE TO THESE REPAIR & SERVICE TERMS AND ALL APPLICABLE SERVICE AND DIAGNOSTIC FEES.
2- You have requested service from Aussie Tech Heads, hereafter referred to as “Us”. We will diagnose repair or service your computer for an applicable fee that can be obtained by contacting us.
3‐ Services and Diagnostic Fee ‐ Aussie Tech Heads will attempt to determine, diagnose and repair your computer via telephone, on site, or at our workshop for an applicable fee. Sometimes a successful repair is not possible due to problems with your computer or its configuration. In these situations we may be unable to complete the necessary services or resolve the problem to complete the repair of your computer and/or digital technology. In these cases Aussie Tech Heads is not liable for incomplete repairs and applicable services and diagnostic fees will remain due to Aussie Tech Heads.
4‐ Payment ‐ Once service is complete, payment in full for the actual costs incurred and the final sum owed, is due upon completion. Should it be determined in the course of the performance of diagnostics that the problems on your computer are hardware based, Aussie Tech Heads will notify you of same and you may take or send the hardware to a repair station of your choice or to Aussie Tech Heads, for service on the hardware; diagnostic fees still apply as explained in Paragraph 3. No adequate estimate of that expense can be
determined without actually testing the hardware. All onsite booking customers must provide parking for our vehicles. If paid parking is required, this will be on charged to the customer. We accept cash, credit card and any payment that is accepted via Paypal. If you wish to pay by other means, this will need to be prearranged and authorised. All goods remain the property of Aussie Tech Heads until paid for in full.
5‐Transfer or Installation Services ‐ Unless otherwise agreed, Aussie Tech Heads is not liable for and you agree to hold Aussie Tech Heads and owner Glenn Goodman or any of his representatives, harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer, whether incurred during the course of Aussie Tech Heads's services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorise Aussie Tech Heads to transfer the information and accept such terms on your behalf in performing the service. Aussie Tech Heads will not receive or dispose of any old parts. Disposal of computer and electronic hardware is the responsibility of you (the customer). If we consider it necessary to continue the repair/service at our workshop, we will have pre arranged a suitable method of having the goods returned to your possession. This may include for you to collect from our workshop. If this is the case we will make every opportunity to arrange the collection. If your hardware remains at our workshop or in our possession after 90 days, and we are unable to contact you, or you fail to collect, we will consider the matter completed and dispose of your hardware. All outstanding invoices and monies owed in relation to our goods and services needs to be paid in full before your goods can be returned to you.
6‐Warranty ‐ In servicing your computer, Aussie Tech Heads warrants that service will be performed in a professional and timely manner. All services with the exception of virus removal, spyware, adware, ransomware or malware are warranted for a period of 14 days "at the discretion of Aussie Tech Heads" upon re checking computer in question. We do not stock or sell second hand parts, systems or laptops. It is in no ones interest to provide parts that are not covered by manufacturers warranties.
7- THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY AUSSIE TECH HEADS. AUSSIE TECH HEADS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESSED OR IMPLIED. IF AUSSIE TECH HEADS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.
8‐Limitation of Liability ‐ IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, AUSSIE TECH HEADS HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. AUSSIE TECH HEADS'S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO AUSSIE TECH HEADS'S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY AUSSIE TECH HEADS FOR SUCH SERVICE. AUSSIE TECH HEADS HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. AUSSIE TECH HEADS EXPRESSLY HAS
NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST AUSSIE TECH HEADS IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID AUSSIE TECH HEADS FOR THE SERVICE.
9‐ Data Protection ‐ You agree and understand that it is your (the customer's) responsibility to maintain copies of ALL data on your computer, and to obtain such copies prior to authorising Aussie Tech Heads to commence its services for you.
If any goods that you ask us to repair/diagnose are capable of retaining user generated data such as files stored on a hard drive, telephone numbers stored on a mobile phone and songs stored on a portable media player, the replacement or repair of the componentry or maintenance (including updates and virus scans) or alteration to any software installed may result in loss of the data. In these circumstances, we recommend you back up data to prevent data loss, and remove sensitive or confidential data, as a party assessing and/or repairing your goods may be required to view data in the course of carrying out the assessment. We will not be responsible for any data loss.
10‐ Disputes ‐ This agreement shall be construed under the laws of the State of Queensland. In the event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law.
11- Any and all binding arbitration proceedings shall be undertaken as “fast track” proceedings and shall only be commenced in Gold Coast, Queensland. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting legal and solicitor's fees; provided, however, that the prevailing party in such proceedings may have the right to recover legal fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Queensland. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto.
12- During any service an adult over the age of 18 must be present at all times. Product warranty and liability depends on the individual manufacturer and will be followed accordingly.
13- Payment Default- 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:-
- charge you interest on any sum due at the rate of 2% 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
- charge you for all expenses and costs (including administrative costs, 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
- cease or suspend for such period as we think fit, supply of any further goods or services to you; and
14- Loss of Equipment - You agree and understand that Aussie Tech Heads and its employees / contractors are NOT liable for any loss in the event of any equipment being stolen. Please ensure that your insurance covers you for your equipment in case of fire, theft or other insurable event that may occur whilst your equipment is outside of your home.
By engaging our services you (customer) agree that you have made a backup copy of all data on your computer and that this is your responsibility. Aussie Tech Heads staff, partners or affiliates are not responsible for lost, missing, unrecoverable or damaged data.
You (customer) agree that you are of legal age and able to agree and accept service from Aussie Tech Heads. By engaging our services you will accept service from Aussie Tech Heads and acknowledge that you have read and understand these terms and conditions and agree to all these terms.
Changes to Terms and Conditions
We may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you engage our services.