Terms and Conditions

 

Terms & Conditions | PC Repairs Onsite Repairs, Services & Support

Welcome to PC Repairs Onsite (part of Onsite Services Group Pty. Ltd.)

These terms and conditions outline the rules and regulations for the use of Onsite Services Group Pty. Ltd.’s Website. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Onsite Services Group Pty. Ltd.’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent.

Pricing & Charges

All onsite technician visits are chargeable in hourly unit for the first hour, and half hourly unit thereafter. All goods/products supplied by us are charged separately from the services provided.

Where there is any changes in the cost incurred in relation to the goods or services, we may vary the price of our goods or services without giving notice to you.

Call-out without 24 hour prior notice may incur a call-out fee at rates dependent on your suburb. Surcharges may be applied on same day and/or outside business hours visits.

Payment Methods

All transactions are processed in Australian Dollars. Prices are inclusive of goods and services tax. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.

Payment for goods and services must be made in cash, cheques or credit card on, or prior to the supply of the goods or services. Non-refundable deposits may be required for goods and services over $200 in value. Credit card payments will attract a Merchant Service Fee (MSF) of 3% for Visa, MasterCard and American Express.

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 rate of 9.5% per annum accrued daily on overdue payment until paid in accordance with the current rate under the Penalty Interest Rate Act 1983 (VIC); and

– 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 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

– 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.

We may also relied upon these options as our action where:

– Where you are an individual, you become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally; or

– Where you are a corporation, you enters into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up.

Ownership and Passing of Title

Until full payment in cleared funds is received by us for all goods supplied by us to you, as well as all other amounts owing to us by you:

– The title and property in all goods remains vested in us and does not pass to you;

– You must hold the goods as fiduciary bailee and agent for us;

– You must keep the goods separate from your other goods and maintain the labelling and packaging of the goods;

– You hereby undertake to us to hold the proceeds of any sale of the goods on trust for us in a separate account, however any failure to do so will not affect your obligation to deal with the proceeds as our trustee;

– We may, without notice, enter any premises where we suspect the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of us, and for this purpose you irrevocably license us to enter such premises and shall also indemnify us and hold us harmless from and against all costs, claims, demands or actions by any party arising from such action.

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 you immediately upon delivery of the goods to the premises nominated by you.

PC Repairs Onsite “No Fix, No Fee Guarantee”

In the event that we are unable to provide a solution to fix your issue, we will not charge you for those services as part of our “No Fix, No Fee Guarantee”.

In cases where we advised the solution requires upgrading or replacement of your hardware or software, and you choose not to do so, you acknowledge that we have met our commitment and responsibilities to you by providing you with a solution to your problem, whether you choose to implement that solution or otherwise.

Computer equipment related issues are often complicated, with various causation and effects to what was initially diagnosed. You acknowledge that any hardware/software issues that occurs with your system after our technician visits may be unrelated to the services that we have performed, and therefore will not be covered under the “No Fix, No Fee Guarantee”.

If you are not satisfied with our level of service, please notify us of in writing, and an investigation will be performed on your behalf. In the event where we conclude that the services provided were not up to the standard set by of our organization, we will provide additional onsite services to you at no additional cost.

You acknowledge that any equipment presented to us for repair may have pre-existing problems and/or damages, and that we cannot assume responsibility for such damage, or any further damages resulting thereafter.

All forms of equipment (hardware, software or otherwise) are sold on behalf of a third party manufacturer and its licensor. Your use of such equipment is subjected to third party licences, where errors and unexpected issues may be encountered. We therefore cannot warrant uninterrupted operations of those equipment (such as downtime and errors in the use of the software).

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 and guarantee are in addition to and do not affect your statutory rights and remedies (if any).

We will comply with our obligations under the Privacy Act 1988 (Cth) and in accordance with our Privacy Policy which can be viewed here. You must read and shall be deemed to have read the Privacy Policy. You agree and consent irrevocably to our use of your personal information in accordance with the Privacy Policy.

Liabilities

We will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website or the goods and services.

Customer’s Responsibilities

You maintain that you are the owner and/or have the right to be in possession of and make decisions regarding, all data, media or equipment provided to PC Repairs Onsite, and that you have obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of any personal information by you to PC Repairs Onsite, and to the use of that personal information by PC Repairs Onsite, 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 PC Repairs Onsite 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.

You shall be solely responsible for all data imports, 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.

You shall comply, at your own expense, with any recommendations and guidelines with respect to the use of the goods, including any adjustments replacements required in respect of equipment and software that is incidental or collateral with the use of the goods.

You shall back up all software, data and files that are stored on your computer and/or on any storage device that you may have prior to our technicians working on your PC or laptop. 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 as a result of the goods/services provided.

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.

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.

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.

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.

Onsite services involve our PC Repairs Onsite technicians visiting you at your home or other location (Premises) requested by you.

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;

– 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.

Any written quotation provided by us to you concerning the proposed supply of goods or services is valid for 30 days and is an invitation only to you to place an order based upon that quotation. These Conditions may be supplemented by additional terms in our quotation which are not inconsistent with these Conditions.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.