Terms & Conditions of CPKN Computers (A form will be presented for signing to Confirm your Understanding & Agreement)
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
These Terms have been Amended on the 07/08/16
These terms govern the provision of any computer/phone support services (“Services”) provided by CPKN Computers to (“You” or “Customer”)
CPKN Computers provides You with access to and use of the Services subject to Your compliance with the Terms. CPKN Computers reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that You are at least 18 years old; You have the right, capacity and authorization necessary to legally bind Yourself to the Terms. These Terms are valid for each Service upon signing until an Amendment or Termination.
Termination of this Agreement can be done anytime at CPKN Computers discretion.
Authorization to Access Your Computer\Phone
You acknowledge that by Your use of the Services You are authorizing CPKN Computers to access and control Your computer\phone for the purposes of computer diagnosis, service and repair.
In connection with delivering the services CPKN Computers may download and use software, gather system data, take control of Your computer\phone and access or modify Your computer\phone settings. By accepting these terms, You hereby grant CPKN Computers the right to connect to Your computer/phone, download, install and use software on Your computer/phone to gather system data, repair Your computer/phone, take control of Your computer/phone and change the settings on Your computer/phone while performing the services.
Any quote given by CPKN Computers is given as a guide based on limited information provided by You. A quote is intended to give You an estimate on the price and not an assurance that the product or service will be sold at that price.
All quotes are estimates and are valid for only 7 days but may change with new/updated information. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, work will not commence without client approval. Should You deny CPKN Computers to proceed with any work, a Troubleshooting Fee may apply on technician’s discretion. A Fixed Price is quoted as stated above to ready You in honoring payment under the Payment Terms section of this agreement but does not guarantee or reflect final price. Confirm with technician if the told fixed amount is valid.
If no solution/s can be given to help you with your issue/s, our “No Fix, No Fee” applies. If we find the solution/s and you do not wish for us to proceed with the solution/s, the Troubleshooting Fee still applies on technician’s discretion.
You are the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to CPKN Computers.
Any property left with CPKN Computers unclaimed for 60 days, will be disposed. At which time, CPKN Computers shall have no liability to the client or any third party.
CPKN Computers can supply manufacturer specific upgrades, spare parts and/or Software on request. Please note however that we cannot guarantee compatibility with Your current system or configuration nor have supply available as You so Desire for which an order request must be given as well as a New Appointment or Drop-off is to be requested. CPKN Computers will offer suggestions and advice on upgrades but is not liable for any compatibility issues or issues arising from self-installing. Software Installation
CPKN Computers may need to download and or run software on Your personal computer/phone to help diagnose and resolve Your personal technology problem. CPKN Computers may need to reinstall software that was included as part of Your computer’s/phone’s original configuration.
You agree that we may download and utilize Software from third party web sites or CDs and accept any applicable license agreements on Your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless You purchase a license to continue using such Software.
For in-home or in-office services, a person of at least 18 years of age must be present during the entire period services are provided. If no adult is present when our technician arrives services will be denied and a cancellation charge equal to $30 may be assessed. As agreed on first contact (in-person, phone, website, email), Cancelation or Change of Appointment within 30 minutes of Appointment time may incur a $30 Fee.
Backup Services & Potential Data Loss
While CPKN Computers will make all reasonable efforts to safeguard the contents (data) stored on Your computer/phone, You understand and agree that prior to contacting or allowing CPKN Computers to perform diagnostic, repair, or other services on Your computer/phone, it is Your responsibility to back-up the data, software, information or other files stored on Your computer/phone disks and/or drives if You so desire. You acknowledge and agree that CPKN Computers and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, data or files. You further acknowledge that computer operating systems, programs and applications are susceptible to software bugs, viruses, malfunctions, defects, impairments, mistakes, errors and or flaws causing the operating system to produce an incorrect or unexpected result or to behave in unexpected ways (“Bugs”) and that CPKN Computers is held harmless and or released from any such liability except to the extent that such Bugs are caused by its own negligence in performing the services under this Agreement.
If You do not have a backup of Your software and data, we can provide You with our data backup service at an additional cost. However, we cannot guarantee the integrity of the data when backing up.
CPKN Computers agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of CPKN Computers subject to confidentiality agreements or as required by law.
CPKN Computers may check over computer/phone during services at no extra cost to evaluate the state of computer/phone unless You requested the service, therefore, fees may apply. If additional potential/current issues are present, the technician will notify you. Current issues can be repaired immediately with current work for the additional price to do the service (subject to parts availability). If you disagree with the fix, CPKN Computers are not held liable to any issues after service not relating to service nor are liable for issues occurring that is found and denied to work on.
Subject to Australian Consumer Law, CPKN Computers offers the following warranty periods:
7 day warranty for labour – All work is covered by a labour only 7 day warranty. If the same problem re-occurs within 7 days of the original repair (stated on the invoice), CPKN Computers will only charge for any additional parts that may be required. Excludes faults caused by software, virus and end user errors.
Hardware Installation & Repair is covered unless unforeseen circumstances occur such as further hardware damage and/or failure not caused by the technicians services.
Return-to-base manufacturer’s warranty on new hardware – All hardware, software and/or equipment sold may be a third party product or service. Any repair work carried out may be protected by the original manufacturer warranty (Usually 1 year)
3 month return-to-base warranty on second hand hardware
Equipment is only covered for faulty workmanship on parts, and for parts that fail due to manufacturing defects recognized by the component manufacturer. In the event that the Warranty parts are not available the client will be informed of the delay and the revised expected repair time. Warranty repairs are carried out under the terms of the manufacturer warranty conditions. Warranty parts are supplied by the equipment manufacturer.
If a warranty repair is found to be outside of the warranty terms, it will be deemed as a “Non Warranty Repair” and charges will be applicable.
Non Warranty Repairs
Whilst every effort is made to repair within a few days, it is subject to parts availability. All parts used on Non Warranty repairs are manufacturer supplied unless otherwise requested.
Warranty does not include accidental damage. e.g. liquid damage (90% of keyboard faults are due to liquid spillage), cabinet or component breakage due to misuse. Damage caused by power surges or spikes, including and not limited to, mains power and telecommunications connections, or to other unspecified sources, voltage fluctuation, amperage fluctuation, rust or corrosion, are not covered under warranty.
Warranties do not cover loss or damage due to negligence, accidents, theft, flood, fire, earthquakes, electrical storms or any other act of God or any war related events.
The warranty on any hardware will be voided if any sticker placed on the warrantable equipment is removed, broken or tampered with.
This warranty does not cover failure of equipment due to the system not being serviced adequately, or failure from “fair wear and tear”. This warranty does not cover repairs for the replacement of parts due to incompatibility. The warranty holder will be liable to pay for these repairs.
Jurisdiction and Venue
These terms of sale and the supply of the goods will be subject to the laws of the State of Australian Capital Territory in the Commonwealth of Australia, and parties submit to the jurisdiction of the courts of the State of Australian Capital Territory in respect of any dispute arising under this contract.
Upon completion of the services under this Agreement, or at intervals that CPKN Computers deems suitable at its discretion, CPKN Computers will remit to You a valid tax invoice. All amounts set out in the valid tax invoice must be paid immediately unless CPKN Computers allows within seven days of the date of the tax invoice or any other agreed time which may incur a 25% deposit. You agree to pay the amount set out in the tax invoice plus any goods and services tax in respect of the supply of services to you, being a taxable supply under the A New Tax System (Goods and Services Tax) Act 1999. It is advised to have amount of any Fixed Price mentioned ready to honor payment (if applicable). The Fixed Price covers the quoted time it may take to complete the service. Any additional parts/services required will be added over Fixed amount but will be confirmed by You before commencement, therefore, the new Fixed Price is to be paid as stated above. If You disagree to added parts/services mentioned, CPKN Computers are not responsible of further issues that may occur, details under Diagnostics section. If any amount due and payable under the terms hereof remains unpaid 7 days after the date of any tax invoice addressed and remitted to you, interest at the rate of 5% will accrue daily on that amount due and payable until paid in full.
These terms and conditions are subject to the guarantees and remedies set out in the Australian Consumer Law and CPKN Computers is not liable for any loss or damage that the Customer claims except to the extent that such loss or damage comprises a remedy under the Australian Consumer Law.
Subject to Australian Consumer Law, CPKN Computers shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.
Subject to Australian Consumer Law, in no event will CPKN Computers be liable for any damage to the laptop/desktop/equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if CPKN Computers has been advised of the possibility of damages or loss to persons or property. CPKN Computers liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
Subject to Australian Consumer Law, the sole and exclusive remedy for unsatisfactory work or data shall be, at CPKN Computers option, additional attempts by CPKN Computers to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of CPKN Computers services would be much greater if CPKN Computers undertook more extensive liability.
You are aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of CPKN Computers, and assumes any and all known risks of injury and property damage that may results.
This document sets forth the entire and final understanding of Customer and CPKN Computers pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a new written agreement that is signed by You. CPKN Computers’ agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.