Terms and Conditions
These are the Terms and Conditions under which we provide our Services and/or Products. Please take your time to read and understand it. If you are unsure about something, ask us! You will be required to sign the paper copy of the Terms and Conditions and we will keep it in your file.
1. Disclaimer
1.1 Our fees reflect the level of skills and specialist knowledge that we have acquired. We are experts at what we do and will try our best to fix your issues but the specific results and outcomes cannot be always guaranteed.
1.2. We charge a diagnostics fee prior to doing any repairs. If you decide to proceed with a proposed repair, the diagnostic fee will apply towards the cost of the repair. If you decide not to repair your device, diagnostic fee isn’t refundable and is used to cover our time and costs involved in diagnosing your issue.
1.3. We may not be able to fix your issues if your device is too old, parts are not available, or you refuse to upgrade your operating system or software
1.4. Time spent by us on your behalf for which you will be charged include the following as applicable: phone and verbal conversations, correspondence and meetings with you and other parties involved, site visits, documenting repairs and preparing the relevant paperwork, and any other reasonable expenses occurred on your behalf.
1.5. We will give you an estimate on a best effort basis. Estimates are not guaranteed, and we will contact you in case extra repairs are needed. In some cases, devices may be not economically feasible to fix – for example, after we replace your screen, we find the operating system doesn’t start or the hard drive has failed. If the device is old or low value item, we will advise to get it replaced. You will still be responsible to cover the costs of the repair regardless of the outcome.
1.6. We will provide an estimated completion time for your repair. Please call before you come in to pick up your equipment. Unforeseen circumstances and reliance on 3rd parties (for example, your Internet Service Provider, software vendors, website/hosting providers) may have an impact on our ability to complete repairs as provided in the estimate.
1.7. For physical defects or issues requiring opening your device, it’s best to use manufacturer’s warranty. If we fix your device, the existing warranty may be voided.
1.8. We reserve the right to refuse work that is beyond our scope, ability, or for any other good cause.
1.9. We will install additional software on your computer that will provide basic system issues monitoring, facilitate remote support connections, and give you an easy way to contact us. You can refuse installing it and ask us to remove it at any time
2. Billing terms
2.1. We want to keep our charges competitive and simple. We charge a flat hourly rate with a minimum fee to help offset our fixed expenses. We have an excellent system for tracking our time so you will only be charged for exactly the amount of time we spend on your job.
2.2. On-site visits are subject to a minimum one-hour charge, even if the actual repair takes less time.
2.3. Most shop repairs are based on flat rate fees
2.4. Remote and shop repairs are subject to a minimum half-hour charge, unless advised to the contrary.
2.5. Additional time for all repairs is charged in 15-minute increments.
2.6. We may charge extra fees if you require urgent assistance, support outside of our business
operating hours, or during holiday periods.
2.7. Travel charge is applied for customers outside of Nelson City
3. Payment terms
3.1. Full payment is due upon completion of services, upgrades, or repairs
3.2. We reserve the right to charge the full or partial cost of repair prior to any work done
3.3. Computer parts, hardware, or/and software that are ordered or special ordered must be paid in
advance
3.4. We accept cash, EFTPOS, and credit cards (Visa / MasterCard). Checks and Internet banking payments are accepted for repeat and long-term customers
3.5. We reserve the right to charge an administration charge in the amount of $30 or 10% of the amount owed if your account isn’t paid within one week.
3.6. If you do not pay on time, we reserve the right to charge interest at the rate of 12% per year. Any interest will be charged on a daily basis from the due date until the date payment is received by us in full.
3.7. You will be responsible for associated administration, legal, and debt collection costs
3.8. If you decide after agreeing to purchase a product that you no longer wish to retain this product, we have no responsibility to take the product back or issue you a refund. Any refund or return of the product is at our sole discretion and a restocking fee of 15% or $50 (whichever is greater) will apply. The restocking fee covers all administrative associated costs for re-sale.
3.9 If your account is in default, we may cease work on any matter for you and stop providing our services (including software subscriptions and service plans) until the default is remedied.
4. Liability
4.1. We fix computers every day and are fully aware of what’s involved and what can go wrong. If you brought the computer to us or we come to you to fix it, it means there are problems that may not be immediately apparent. Computers are complicated machines and as with anything complicated, things can always go wrong. No matter how much care we take when we are fixing your computer, there is always a chance that something unexpected can happen resulting in the loss of information (data) or damage to hardware. These issues may not become apparent until a later date. This is especially true if your computer is in a broken state to begin with.
4.2. You are responsible for making a backup of all your important data before any fix is attempted. As with hardware, in some cases it is possible that data has been corrupted to the extent that it has been lost.
4.3. If you are unable to do the data backup for any reason, we can back it for you for an extra fee.
4.4. In the case of accidental damage of data to your system or data loss caused by already existing problems in your system such as viruses, bad configured software, or hardware problems – You agree to hold Your Computer Guy Ltd and any person(s) involved in the work being done for you harmless from damages resulting from such problems.
4.5. Our liability for damage to your computer is limited only to any damage that is determined to be caused by negligent acts or negligent omissions. Our liability for repairs is limited to the total price of repairs.
4.6. In no event will we be responsible for any consequential, incidental, indirect or special damages whatsoever, including but not limited to any damages for the loss of business profits, loss of business information, business interruption or other pecuniary loss, even if we have been advised of the possibility of such damages.
4.7. Your Computer Guy will not be liable for any failure or omission to provide any services due to events outside of our control.
4.8. If you do not pick up your equipment or items within one month after we notify you that the requested service is complete, we will treat your equipment as abandoned. You agree to hold us harmless for any damage or claim for the abandoned property. Your items may be disposed, recycled, or sold to a third party to recover the costs
of repair.
5. Warranty
5.1. We provide a 30-day workmanship warranty on applicable services except virus/malware removal. If a service call is needed within the warranty period, you will be charged the applicable service fees unless we determine that there was a defect in our workmanship.
5.2. We are unable to offer warranties for software and programs as we don't manage Windows updates, accounts, software installed on your computer, your passwords, or the way your software is configured and operates. These are all suspect to causing issues. We have no control over these after the computer repair is complete.
5.3. Products and services are supplied on “best effort” basis and is based on all available information at time of service. We make no guarantee that the services and good will meet customers’ requirements, or that the services will be uninterrupted, timely, secure, or error free.
5.4. New goods are covered by manufacturer warranty (usually for one year). If we sold it, we will help you with warranty issues during this period at no charge but you must bring the goods to our premises.
5.5. Some products have a longer than one year manufacturer’s warranty. You will need to call the manufacturer’s tech support. If you need our assistance, the time and effort involved will be chargeable.
5.6. If you require assistance with your equipment warranty, you will need to return the equipment to us. If we travel to you, the time we spend is billable.
5.7. Software and consumable goods are not covered by any warranty.
5.8. Although every care is taken to ensure that all second-hand goods supplied by us are of merchantable quality, no warranty is expressed or implied unless otherwise stated.
5.9. Not covered by warranty: 3rd-party products purchased by you, faulty installation, repair, or service by any 3rd parties, damages caused by misuse, careless handling, acts of God, environmental conditions, contacts with any fluids or liquids, resultant and consequential damages.
5.10. Warranty is provided at our discretion and waived by your failure to take a proper care of your equipment.
6. Privacy and Confidentiality
6.1. We are committed to protecting your privacy. We will keep confidential all information we obtain from you in providing the Services and will not use that information for any reason other than as necessary for providing the Services.
6.2. Our confidentiality agreement will not apply to information that is in the public domain or that is known to us or obtained by us without breaching any obligation to you or that we are required to disclose by law.
6.3. You authorise us to collect, retain, use and provide to our staff any personal information (“Information”) about you for the purposes of credit approval, meeting our obligations to you, and enforcing our rights against you.
6.4. We may keep a copy of your data for one week if the service we perform requires it, for example, data recovery, data backup, operating system reinstall. If you wish us not to retain any of your data, please let us know.
6.5. If you no longer wish to receive marketing emails / newsletters from us, you can find and click on the unsubscribe link in each of our marketing emails and we will opt you out from receiving future marketing related correspondence.
6.6. After we have fixed your computer, we install additional software on your computer that will provide basic monitoring, facilitate remote support connections, and give you easy way to contact us. The remote support connections are only initiated with your approval.
7. Termination
7.1 We may immediately terminate the agreement between us if we consider:
(a) you are in breach of these Terms and Conditions;
(b) there is any threat to the safety of any of our staff or agents;
(c) there is a presence of unlicensed or illegal software;
(d) your equipment contains any pornographic, obscene, offensive or illegal content; or
(e) you are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.
7.2 If we terminate our agreement we will cease to undertake the Services and all Fees incurred up to that time will immediately become payable.