1. “ACT” means the Corporations Act 2001 (Cth).
2. “ACL” means the Australian Consumer Law.
3. “Terms” means these terms and conditions.
4. “Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from me.
5. “Goods” means all products and other tangible property (including any software) supplied by mes to you or on your behalf.
6. “Order” means you have requested me (the Computerman Mackay or my agents) to supply, make, provide or purchase Goods and/or Services for you or on your behalf.
7. “Party” and “Parties” means (severally and not jointly) The Computerman Mackay and/or the Customer as the context requires.
8. “Including” means without limitations.
9. “Services” means all actions and deeds performed by me to fulfill a demand for you and on your behalf.
10. “Device and “Equipment” means any electronic thing that may or may not be classified as a computer.
11. “Charge” means a price I ask you to pay for a service rendered or goods supplied by me.
12. “Fee” means the price you pay as remuneration for goods and services provided by me.
1. The Australian Consumer Law sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement or refund as well as compensation for damages and loss and being able to cancel a faulty service. My goods and services are fully covered under Australian Consumer Law.
2. This document constitutes the entire agreement between you and me. No other agreement whether verbal or written shall be in effect except if agreed to and authorised in writing by me.
1. The supply of goods and/or the performance of services by The Computerman Mackay (ABN: 86 627 307 163) to my customers, hence forth referred to “you“ or “your” or “the customer” or “client” is offered exclusively to you and only to you, pursuant to the following terms and conditions.
2. These Terms are deemed to be incorporated into all orders for goods and / or services by you to me unless otherwise agreed to by me in writing.
3. If you place an order for goods and / or services, or enter into a contract with me for goods and/or services and those goods and/or services are provided by me to you, you have accepted these terms and conditions.
1. You agree that I offer neither an explicit or implied warranty for the services performed, or parts, software or equipment provided, other than the manufacturer’s warranty (if any).
2. You agree that, to the fullest extent permitted by applicable law, I will not be responsible or liable for:
- Interruption of business, irrespective of type and location.
- Delays, interruptions, suspension, discontinuation of any equipment, software or service.
- Data non-delivery, mis-delivery, corruption, deletion, destruction, modification or alteration.
- Loss or damages of any sort incurred as a result of dealings with me.
- Inability on my part to diagnose and / or repair your equipment.
- Deterioration or failure of your equipment after my departure.
- Viruses, malware, system failures or malfunctions which may occur in connection with me supplying goods and services to to you; or events beyond my reasonable control.
3. You agree to indemnify and will keep me indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by me in connection with your equipment, your breach of these terms and conditions or your breach of any rights of third parties.
1. I am a provider of billable on-site and off-site services and I do not offer or provide free telephone or any other free support.
2. The sale of goods and the performance of services by me to you does not imply the availability of free telephone or any other support to you or on your behalf.
1. I may provide a verbal quote to you based on the information you provided me.
2. In the process of providing goods and services to you, I may be forced to adjust the quotation to reflect changing circumstances such as the discovery of more faults / issues with your equipment.
3. A verbal quote is intended to give you an estimate of the price, and is not an guarantee that the product or service will be sold to you at that price.
4. A written quote provided by myself is a guarantee that the product or service will be provided at that price. A written quote is valid for a period of 7 days.
5. Any advertising material stating a fixed price for a product or service is valid only for the period stated on the advertising material.
6. Any advertising on this web site stating a fixed price for a product or service is valid only for the period stated on this site.
1. Payment for goods or services provided by me must be made by cash, direct deposit or credit card.
2. Payment must be made directly on completion of work, or at the time requested by me. Please do not ask for credit as refusal may offend.
3. Services provided by myself are charged at a rate of a half hour with a minimum charge of a half hour.
4. After the 1st half hour, services are charged in 15 minute blocks or any part thereof.
5. All goods supplied by myself are charged separately from the services I provide.
6. All visits by myself are chargeable unless I am unable to diagnose or suggest a solution to yours problem. In this event, I will only charge for the first 30 minutes onsite.
7. I may vary my price for goods and services without giving notice to you.
8. All services offered by myself are subject to my cancellation policy. If you provide less than twenty-four (8) hours’ notice to cancel any request for onsite service, I may at my discretion 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.
1. You agree that I may need to take your system offsite for diagnosis and repair if the issue cannot be resolved onsite.
2. You agree that I am not responsible for any pre-existing damage to your property / equipment and you further agree that such damage may prevent me from resolving the issue for which I was engaged to correct.
3. You agree that on occasion while attempting to service or repair your equipment, a further deterioration in the operation of your equipment / property may occur. You agree that I am not responsible for any deterioration to your equipment after I have started work to service it and / or repair it.
4. You agree that if you engage mes to provide a service in respect of your equipment and after performing an examination of your equipment I cannot find any fault/s, a charge for our time may apply.
5. You agree not to hold me liable for any loss of income and / or data or any other loss of any type whatsoever in the event that your equipment deteriorates further whilst in my care or after I have delivered your goods back to you.
6. You agree that electrical equipment is complicated and unexpected issues may arise after work to service / repair your equipment has begun. Further costs, delays or interference with normal operations may occur. You further agree that any such issues may require further work to rectify.
1. I stand behind my service and as such I offer a 7-day work guarantee on all labour performed by myself.
2. This work guarantee applies to the specific problem/s that were identified and / or repaired at the time.
3. Only the work performed by me is covered under this guarantee.
4. If you notify me of a problem with the services that I provided within 7 days of provision of the service and my subsequent investigation of the problem indicates that;
- My services were not at fault, you agree that I may charge you a fee for my time investigating your claim.
- My services were not performed satisfactorily, I will work to provide a solution to your problem quickly and at no additional cost to you. However, I will not compensate you for any other service fees paid by you to another service provider engaged by you for the same purpose.
- My services were not performed satisfactorily and that I am are unable to rectify the problem, I will refund any monies paid by you to mes regarding the original problem.
5. I reserve the right to withdraw my services at any time if I feel that the scope of a problem is beyond my knowledge and / or resources in respect to any job or service that I undertake. If you have made a payment/s to me in the course of me providing services to you, I will refund any monies paid by you to me regarding the original problem.
Onsite Price Cap
1. Most repairs are normally completed in 3 x hours or less. The diagnosis process normally takes around 15-20 minutes and from there I will know precisely how long the repair will take. If I think the job will take longer than 3 x hours to complete, I will give you a written quote and you can then decide how you want to proceed.
If you decide not to proceed I will only charge you for the first 1/2 hour onsite.
Workshop Price Cap
2. If in my estimation the repair will take longer than 3 hours, I will provide a written, fixed price quote. These jobs are normally completed offsite in a fully equipped workshop.
3. I do not charge any fee to pickup or return your equipment if you reside in my standard service area.
1. Prior to me supplying goods or providing services, you agree that it is your responsibility to back up all data and files that are stored on your computer.
2. You represent and warrant to me that you are the owner of, and/or have the right to be in possession of all equipment, data or media provided to me for repair. You further represent that you have the right to authorise me to carry out repairs on your equipment.
3. You agree to indemnify and hold me harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of me installing any software including operating systems at your request.
4. You agree that a person of at least 18 years of age will be present at your premises at all times while I am providing goods and services to you.
5. You agree to allow me to physically access your home or office where your equipment is located.
6. You agree to provide me with a licensed operating system and / or application software including product keys if requested in order for me to carry out repairs and / or to service your equipment.
7. You agree to provide me with Internet access if requested in order for us to carry out repairs and / or to service your equipment.
8. You agree to provide me with usernames and passwords to your device/s and / or software applications if requested in order for me to carry out repairs and / or to service your equipment.