Terms & Conditions

1. Definitions

In order that you and we are all clear on what we are talking about, the following terms will have the following meanings throughout this document (unless otherwise stated):

Computer means the computer which is the subject of the Service.

Service means everything that we do in order to check out, fix, debug and otherwise scan, clean up and tune the Computer - basically, what you are paying us to do. It includes everything involved in conducting the Complete PC Service, and everything involved in providing any additional services you have ordered.

Pests means programs, cookies, registry entries or other software elements identified by reputable virus scanners and adware/spyware eradication programs as undesirable.

Us means us, The IT Department (ABN 96 805 139 694), and includes any authorised representative of The IT Department. So 'We' is Us and 'Our' belongs to Us. Oh, and 'us' means 'Us' whether it has capital letters or not.

You means you , the person who has submitted the computer to be serviced by The IT Department. Likewise, your and yours mean belonging to You, and 'you' means 'You' whether it has capital letters or not.

2. You are the Owner of the Computer

Because only the owner of something can give someone else permission to touch it, use it and service it, you warrant that you are the owner of the Computer, and indemnify us in respect of any claim or damage which may arise as a result of you not being the owner of the Computer.

3. Suitability of Computer for Service

Most computers are suitable candidates for a Service. We will service any machine with a Windows 98, ME, 2000 and XP operating system. If your computer does not have one of these operating systems, please contact us to discuss options.

4. Items to be Provided by You

You must provide us with the following when you deliver your Computer for Service:

• Adequate free disk space. The Service requires a certain amount of free disk space in order to be carried out. This will normally amount to 10% of the total size of the disk, or 200MB, whichever is greater, on each disk drive. If we are unable to complete the Service due to inadequate disk space, you will still be required to pay for the Service.
• Original Microsoft Office CDs for Microsoft Office 2000 and later versions. These versions require the original CDs to be inserted in the Computer before some updates will install. If the CDs are not supplied, we will load only those updates that we can without the disk.
• Contact phone numbers so that we can contact you if any matters requiring your attention should arise during the Service.
• Removal of the BIOS and Administrator login passwords from the Computer. This ensures that we do not have access to your passwords at any stage, but are still able to access the Computer. You can (and should) reinstate passwords after the Service.

 

5. Payment of Charges

In consideration of the provision of the Service, you will pay the amount stated in our price list current at the time of receipt of your order, or any other charge that is agreed between the parties. In order to provide efficient service to all our customers, we may require your account details and debit authorisation at the time you book your Computer in for Service. We do not, however, debit your account until the Service is complete and your Computer is ready for collection. We do not retain your payment details once payment has been received, and never share them with any third party, except as necessary to obtain payment for the Service.

6. Hardware Failure

As you probably know, computers can be unreliable machines. Hardware can fail at any time, and it is entirely possible that this may occur while it is in our possession, or even shortly after it is returned to you. We will make all reasonable efforts to avoid this, but we can take no responsibility if it occurs. You acknowledge this risk, and indemnify us against any loss or damage arising out of or flowing from any hardware failure whatsoever.

7. Backups

Since it is possible that hardware may fail during the performance of the Service, you need to be aware that we do not backup the Computer before conducting the Service. We do backup the Computer if this is requested as an optional extra, but note that this back up is performed after the clean up of the Computer has been completed. (It is done in this sequence to avoid backing up unwanted or corrupted files, pests, etc.) Hardware failure may occur prior to this point. If you are concerned about loss of programs or data, we suggest that you back up the files yourself before bringing the machine in to us, even if you have requested the optional backup. You indemnify us against any loss of or damage to your programs or data, regardless of whether you or we made a backup.

Please note in addition that the Windows Recycle Bin will be emptied and temporary files deleted as part of the service. If you want to keep any of these files, back them up before sending it to us for service. As we said, you indemnify us against any loss of or damage to your programs or data, regardless of whether you or we made a backup.

8. Software Used in Service and Previously Installed Software

In providing the service, we use software manufactured by reputable vendors. While we link, check and automate their operation with scripts that we have created, we cannot be responsible for the correct operation of these third party programs or for any problems caused by the use of any software other than our own scripts used during the Service. In addition, there may be software installed on the Computer prior to its delivery to us which could cause errors or other problems. Clearly we cannot take responsibility for this either. You acknowledge this risk, and indemnify us against any loss or damage arising out of or flowing from any software used in the conduct of the Service or problems caused by previously installed software.

9. Pest Removal

All forms of pest scanning and removal involve judgments about what a pest is. One person's pest may be another's toy. We use tools that err on the side of rigour. This means that these tools may remove things that you consider useful, or may not remove things that you consider to be pests. You acknowledge this and agree that we are not liable if we remove an item which you consider useful, or do not remove an item that you consider to be a pest.

Some pests may have been supplied to you packaged with other programs (whether bought or downloaded from the Internet) which are installed on the Computer. Removing these pests may have an effect on the operation of the relevant programs. You acknowledge this risk and indemnify us against any loss or damage arising out of or flowing from such pest removal.

10. Illegal Materials and Evidence of Illegal Activities

We respect your privacy, and do not snoop in the files on the Computer other than as necessary for performing the Service. However, if we inadvertently discover illegal materials or evidence of illegal activities on the Computer, we may be bound by law or conscience to report them to the relevant authorities. You warrant that there are no illegal materials or evidence of illegal activities on the computer, and indemnify us against any loss or damage suffered as a result of the discovery and/or reporting of any such materials or evidence.

11. End Result of Service

The end result of the Service will vary by Computer and its state prior to the Service. In some cases, there may be significant performance improvements. In others there may be no detectable performance increase, even though the Computer has been cleaned of pests.

We warrant that the Service will be performed in a good and workmanlike manner. However except for this warranty, we give no express or implied warranties relating to the Service (including but not limited to any express or implied warranties concerning the results which will be obtained from the Service or relating to the results of any recommendation which the Service Provider may make to the Customer). Nothing in these Terms & Conditions, any other written documentation or any oral communications with the Customer will alter the terms of this clause 11.

12. Force Majeure

If circumstances beyond the reasonable control of either party should cause a delay in performing its obligations under the agreement for Service, these Terms & Conditions or any other agreement, neither party shall be liable for such delay, and the party so affected will be entitled to a reasonable extension of time for the performance of the obligations in question.

13. Severance

If any provision of these Terms & Conditions is held by any competent authority to be invalid, illegal or unenforceable in whole or in part, then the offending provision shall be read down only to the extent required by that authority and the remainder of these Terms & Conditions will remain in full force and effect.

14. Headings

The headings and numbering in these Terms & Conditions are for ease of reading only, and do not alter the interpretation of the Terms & Conditions.

15. Consumers

Nothing in these Terms & Conditions will affect any statutory rights that you have in dealing with us under any consumer protection legislation intended to protect consumers involved in similar transactions.

In summary, you are acknowledging that we are never, ever liable for any loss and damage that occurs during or as a result of the Service, provided always that it was not caused by our negligence.