COMPUTER CLINIC – FIRST AID FOR COMPUTERS - TERMS & CONDITIONS

Please read the following Terms & Conditions document carefully. If there is anything for which you require clarification please do not hesitate to contact us in the first instance.

FIRST AID FOR COMPUTERS Ltd is our legal company name, however, we are often referred to as COMPUTER CLINIC and also known as FIRST AID FOR COMPUTERS Ltd t/a COMPUTER CLINIC. The Terms & Conditions outlined below apply to all these names, however, from here on in, we will refer to our company as COMPUTER CLINIC (the supplier).

By asking COMPUTER CLINIC for any type of advice or assistance in any way, shape or form, even just a simple question, we are then providing you with a service that we have the right to charge for. We use our discretion to waive small charges where we deem it appropriate. By receiving our advice or assistance (a service offered by us) you are deemed to have accepted our Terms & Conditions. If there is anything that you do not understand, or about which you have reservations, please make contact with us immediately in order that we can discuss and resolve any misunderstandings. Failing to do so means that you fully understand and accept all of our Terms & Conditions and will be legally bound by these.

WARRANTIES EXPLAINED - WHAT IS COVERED AND WHAT IS NOT

The consumer guarantees act does not apply to commercial purchases for IT equipment used for commercial purposes.

Hardware - The physical computer/device/hardware/parts are covered under the warranty period. So if something breaks we will fix or replace the part under warranty. There will be no charge for the part itself. However, the labour required to re-setup everything as it was previously is not covered under warranty. e.g. If there is a laptop failure and all data is lost. Replacement parts or laptop would be covered under warranty but the labour required to recover data and set everything up again from scratch (systems, printers, software, email, security etc) is not covered under the warranty.

Labour - The labour required to put everything back as it was or re-setup equipment is not covered under the hardware warranty. This is normal practice in IT as it may require an entirely new IT setup and configuration.

Software - If you have any software issues, this is not covered under any form of software or hardware warranty whatsoever. Software issues are completely separate and often caused by updates or interference from other sources or incompatible updates. Software is full of bugs and can go wrong at any time. Windows Updates or software updates from any vendor can cause major and unforeseen knock-on effects. e.g. 3rd party software, backup systems, security systems and normal day to day updates all have knock on effects. We (Computer Clinic) cannot be held responsible for other companies software and updates failing or causing major issues or outages. Even if this is software that we have recommended, it is a fact that no software company in the world is immune to mistakes and/or causing issues and outages. As such, software or update related issues has to be accepted as part of normal business risk when using any software or operating system. We (Computer Clinic) will do whatever we can to remedy the situation at the time to the best of our ability but we will charge for our time to do so. Problems and outages caused by software and/or updates are not covered under any form of warranty or guarantee.

Email issues - Any email issues are not covered under any form of warranty. No email service provider (not even Microsoft or Google) can provide a 100% guarantee that you will be trouble-free. We (Computer Clinic), cannot be held responsible for problems relating to email such as any issues caused or outages which may result in missed business or knock-on effects caused from an email problem or outage. We (Computer Clinic) will do whatever we can to remedy the situation at the time to the best of our ability but we will charge for our time to do so. Problems and outages caused by email providers are not covered under any form of warranty or guarantee.

Windows issues are not covered by any warranty or guarantee. This includes corruption meaning that the computer won’t load Windows (corruption at startup). Windows is full of bugs and Microsoft regularly releases updates to remedy all these bugs but only after they are discovered. We (Computer Clinic) will do whatever we can to remedy the situation at the time to the best of our ability but we will charge for our time to do so. Problems and outages caused from glitches with operating systems are not covered under any form of warranty or guarantee.

Antivirus and cyber security issues - Any issues caused by antivirus or cyber security software or their updates are not covered under warranty or guarantee. You pay for a licence to have the security software on your computer, however if this goes wrong or breaks something, fixing this is not covered under warranty or guarantee. We (Computer Clinic) will do whatever we can to remedy the situation at the time to the best of our ability but we will charge for our time to do so. Problems and outages caused from glitches with antivirus and/or cyber security software are not covered under any form of warranty or guarantee.

WARRANTIES SUMMARY

Even with software packages that are well-proven in New Zealand and Internationally, bugs or defects in the programs occur. This is a fact of life when using IT systems and is an accepted and inevitable risk to every business. If the software or operating system has not operated as intended or expected and we are asked to remedy this, then our work is chargeable and not covered under any warranty or guarantee, even if we have recommended it. No vendor or supplier is immune from mistakes or errors. Whilst we make every endeavor to minimise disruptions that are caused by circumstances out of our control, we cannot guarantee that such an event will not arise. The defects that have caused the problem may be beyond our control and for this reason we are unable to accept responsibility or liability for any software issues (windows, antivirus, Microsoft, email and the like). If a loss arises from such a defect then we cannot be held responsible for this and our time taken to remedy the situation is therefore chargeable.

OUR AVAILABILITY

COMPUTER CLINIC provides IT support services during the core business hours of 8.00 am to 5.00 pm, Monday to Friday. However, our phone lines are open 7am to 7pm so we can register any emergencies and handle them as soon as we are able. e.g. call in to assist you on our way in to work. We are closed at weekends and on public holidays (local and national). However, special arrangements outside these core hours can be made and we have facilities for this as needed.

QUOTATIONS & ESTIMATES

Due‌ ‌to‌ rapidly ‌shifting‌ ‌market‌ ‌pricing and stock levels, we can only guarantee our quotes and estimates for 7 days. All parts are subject to availability on the day. Our payment terms are 7 days from the date of the invoice unless you have made alternative arrangements with us.

We charge for our initial quoting and estimating time as often we are providing a professional engineered and designed solution to specific requirements. This is far more than ‘paying for a quote.’ If you subsequently accept what we have put forward and ask us to obtain parts and carry out the work, then we will take this initial charge off the final invoice. If you do not go ahead with our designed solution (and calculated parts), then you will need to pay for our time which is often up to half a day. Think of an architect designing a house - they also charge for their time too! By all means, you can use our professionally designed solution and get someone else to implement it, just pay the time we required to come up with the solution in the first place. We are also open to a hybrid situation where we work with other parties, such as using your own chosen builder or electrician, to carry out some of the work. In our experience, a large investment needs to be accurately scoped with agreed, realistic expectations, otherwise it is guesswork and often leads to disappointment, ultimately costing more in the long-term.

Our solutions include a list of what parts to use and how these will be implemented which often takes many hours. Please understand we need to examine specifications, detail plans, come onsite, carry out tests, communicate with multiple suppliers, check stock levels, and obtain the best pricing. Plus work out how everything will be carried out and will operate, along with agreed, realistic expectations of what you should expect. Our goal is to provide quality, long-term solutions so you get a return on your investment.

For networking and Wi-Fi solutions, our quotes and estimates represent an engineered solution and therefore hold an intrinsic value. You can then ask us to proceed or use your own providers. For computer hardware such as laptops and PCs, we also reserve the right to charge for our quoting and estimating time for the same above reasons. However, remember that we will take this chargeable time off the final invoice if we are engaged to carry out the project.

Think of us in the same vein as an architect for your house where you are paying for our professional design services. As quoting and estimating is a large part of the work we do, as a result, we have to charge accordingly. Depending on the scope of your requirements, we can often indicate what a typical quoting/estimating cost will be up-front. Please note that an onsite visit as part of this means at least $160 + GST to cover all fees associated with that ( see https://www.computerclinic.nz/service-charge for more details on this)

To re-cap, the reason why we are charging for our quoting/estimating time is because we are providing a designed and/or engineered solution that is customised for you to your specific requirements thus requiring a bespoke solution which you can then run off and do what you want with. The outcome of your investment in our time provides the option for anyone to purchase the specified parts and labour for your particular project. It also saves you a lot of time in your own research and enquiries, which often leads to the wrong solution. i.e. You may implement the wrong parts and implementation methodology (labour), thus costing you more than it would have done originally.

FEES

COMPUTER CLINIC charges for services provided which includes general advice. This is charged at our hourly rate in 15 minute increments with a minimum charge of 15 minutes. Rounding the time up allows us to factor in additional time required for every job, after the job is completed. This allows for admin, invoicing, follow up communications and updating technical documentation too. Hence 15 minutes is our minimum charge to cover for all factors incurred within a small job.

For in person work at your premise (onsite) we have to also factor in travel time and vehicle costs. Hence our minimum charge for anything we do which involves coming out to you carries a minimum charge of 1 hour, providing you are within the Christchurch City District. Outside this area will incur a higher minimum charge to cover our time and travel. For more detailed information around this please read our separate webpage dedicated to this topic HERE. A summary of this is as follows:-

The cost to get a technician onsite is included in our 1st hour of labour charge which is :-

1 HOUR MINIMUM LABOUR CHARGE FOR COMING ONSITE (CALL OUT) WITHIN CHRISTCHURCH CITY DISTRICT

If you are located within the Christchurch City District, all travel costs (except parking fees) are included in our first hour of labour. 1 hour is our minimum charge for onsite visits which covers any amount of time taken onsite, up to 1 hour. Otherwise it is not economically viable to come out to assist. Subsequent time after the first 1 hour is then charged at our standard hourly rate in 15 minute increments. We do not charge for travel time and fuel, just parking fees where applicable.

OUTSIDE OUR DEFINED AREA MEANS OUR MINIMUM CHARGE TO COME ONSITE IS 1.5 HOURS, no matter how long we actually take on the job itself. i.e. a 45 minute job will be charged at 1.5 hours as this factors in associated travel time and other factors of the job.

Our Defined Boundaries for Service

OUT OF HOURS ASSISTANCE CARRIES A HIGHER HOURLY RATE OF TIME AND A HALF. This is our normal labour rate x1.5 for every hour we are onsite. There is a minimum charge of 1 hour, then in 15 minute increments.

Out of hours is defined as: before 8am and after 5pm Monday - Friday or anytime during the weekend (Sat & Sun) or at any time on a national or local public holiday.

15 MINUTE INCREMENT CHARGE AND MINIMUM CHARGE EXPLAINED

On occasion, especially for small jobs, our internal and incurred costs can exceed the cost of the actual job itself. e.g. For onsite visit our vehicle costs, mileage, fuel, travel time to and from the site, plus other time that we absorb which includes research, quoting, planning, administrative and technical documentation. Finally, adding on associated costs for our backend office, systems, admin, accounts, updating technical documentation and the like all adds up so has to be factored into every job, otherwise it is not economically viable for us to assist.

COMPUTER CLINIC may also charge for direct disbursements incurred.

If you have a query with any of our invoices, we request that you contact us immediately to communicate the query. Otherwise, we will assume that payment will be forthcoming by the due date.

Our fees will be charged on the basis that they will be fair and reasonable.

They are based on the time taken to complete work and are calculated on an hourly basis.

We charge for the work you wish us to carry out, based on your instructions at the time, along with any required subsequent work. This may involve working through a troubleshooting process to eventually get to the root cause of the issue.

The original work scope can change and vary if circumstances change. We will do everything in your best interests to resolve what is possible for us to fix and give advice on steps to take for you to complete any further fixes required. E.g. Such as diagnose that you have an internet issue then advise you to talk to your internet provider if it is an internet issue for example.

SUPPORT SERVICES

Support services cover any advice or assistance provided to you. This is chargeable time.

Typical examples might be when you request COMPUTER CLINIC to attend a meeting to discuss an IT project and you require our input or advice, or request advice over the phone on a particular topic.

PAYMENT TERMS

Terms of payment are 7 days following the invoice date, unless otherwise arranged in advance and confirmed in writing by COMPUTER CLINIC. We reserve the right to require full payment in advance before providing any service. If payment is not received by the agreed date, we reserve the right not to undertake any further work of any nature until the account is paid in full. This includes, but is not limited to, work required to recover lapsed domains, recover expired licences, hardware support and general assistance.

IT HANDOVER TERMS

If you decide to leave Computer Clinic and work with another IT provider then we will need to perform various engineering tasks to make this a smooth transition. This work will be charged to you as a separate project as you would want this to be handled professionally and experience a smooth transition. Thus paying for this professional service will ensure everything is completed to a high standard. We will just charge our hourly rate for all input required.

However, before we finally release all managed services, which include but are not limited to email systems, domain management, backups, antivirus and the like, we require your account to be fully up to date with all outstanding invoices paid for all parts and labour for everything completed up to and including the handover date. If you wish to dispute any of these invoices, then this needs to be done prior to any IT Handover, with an agreement sought and met also prior to the handover date, then everything paid in full prior to the handover date. You would require a clean exit and so do we so it is a 2 way street where both parties need to have full trust and confidence in each other. In the past we have handed over everything out of goodwill but never received substantial promised payments which severely impacted upon our business. So to avoid this situation occurring again and to avoid legal costs and lost time, our policy is firm on this matter.

DELIVERY OF GOODS AND OWNERSHIP

Delivery shall be deemed to be completed upon receipt of the goods and/or service by the client. The ownership of the goods remains with the supplier until they have been paid for in full. If the client fails to pay for the goods, the supplier may recover possession of the goods at any site owned, possessed or controlled by the client and the client agrees that the supplier has an irrevocable licence to do so.

INTEREST AND LEGAL EXPENSES

If you fail to make a payment by the due date, you shall be liable to pay us a $50+GST administration fee that will be automatically charged to your account and in addition to this, the following applies:

Default interest on the amount outstanding is calculated at 2.5% per month above the standard bank overdraft rate, and shall accrue after as well as before judgement.

An additional administration charge of $50+GST per month for each month the account remains outstanding may also be charged.

All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you as the client are liable for its payment.

NO RESPONSIBILITY FOR EQUIPMENT LEFT WITH US AFTER 30 DAYS

If we have your equipment (goods of any description) for whatever purpose, irrespective of whether we collected them or you dropped them off, and the equipment is not collected from us within 30 days of the date we took possession of it, then we have the right to dispose of this equipment. We will not keep your equipment longer than this. It is your responsibility to obtain your equipment before the 30 days is reached, otherwise, please consider it disposed of.

DISPUTES

In the event that you have a dispute relating to or arising from work completed, you must immediately notify COMPUTER CLINIC by giving details of the dispute. You agree that COMPUTER CLINIC and you the client acting in good faith will then endeavour to resolve the dispute. If there is a dispute with the invoice you may withhold payment of the disputed amount but you must still pay the undisputed amount by the payment date whilst the error is being investigated. If it is proven that we have made a mistake then we will correct the invoice immediately. If we find there is no mistake and the payment date has already passed, you will pay the outstanding amount immediately

PRIVACY ACT

Computer Clinic abides by the New Zealand Privacy Act 1993 which can be viewed on the below link:-

https://www.legislation.govt.nz/act/public/1993/0028/latest/DLM296639.html

Computer Clinic will not disclose any information that we are given directly or indirectly by our customers or third parties, including contractors.

Our privacy statement is on our website:-

https://www.computerclinic.nz/privacystatement

Any data that we store, such as customer contact details, is all stored in encrypted format and protected via MFA. This data can only be accessed by authorised, internal members of staff at Computer Clinic and the data is not shared with any other person or system.

DISCLAIMER

Even with software packages that are well-proven in New Zealand, occasionally bugs or defects in the programs occur if the software or operating system has not operated as intended or expected. Whilst we make every endeavor to minimise disruptions that are caused by these circumstances, we cannot guarantee that such an event will not arise. The defects that have caused the problem may be beyond our control and for this reason we are unable to accept responsibility or liability for any loss arising from such a defect.

If problems do occur we will do everything we can to assist in diagnosing the problems and advise on the appropriate corrective actions to be taken.

For example, it may be necessary to instigate alternate procedures in order to allow transaction processing to continue until a software supplier corrects a defect. Any time spent by us in diagnosing, reporting and advising on appropriate alternate actions is chargeable to the client in the normal manner.

Some software packages require the payment of an annual fee in return for an entitlement to receive at least annually, a complete update of the software package. It would normally entitle the user to receive bug or defect corrections. However, most software suppliers do not undertake to install these new versions on the client's machine. Again we perform these services and advice on the procedures and timing for them, and our time and costs in performing these services is chargeable to you as the client in the normal manner.

Should it be found that we have configured the software in a manner that causes erroneous results, we will do all we can to minimise the problem and effect a rapid recovery, but we assume no liability for lost or corrupted data or losses incurred as a result.

PERSONAL PROPERTY SECURITIES ACT 1999

The client agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms defined in the Personal Property Securities Act 1999 (“PPSA”) in respect of which the supplier may register a financing statement on the Personal Properties Securities Register. The client hereby waives its rights contained in sections 116,119,120(2),121,125,126,127,129,131 and 132 of the PPSA.

CONFIDENTIAL NOTICE AND LEGAL DISCLAIMER

Any emails and any links and/or files transmitted within them are confidential and intended solely for the individual or entity to whom it is addressed and may not be forwarded to any third party without the written consent of the writer as it may contain information that is confidential, proprietary or the subject of legal privilege. 

CALL RECORDING LEGAL DISCLAIMER

As a business, we (Computer Clinic) have chosen to record all phone conversations for a number of reasons including quality assurance and clarity of instructions given and/or received.  At the start of every telephone conversation, we state that all conversations are being recorded.  If you do not wish for your call to be recorded, please let us know at the beginning of the call on each occasion ou call us so we can make the appropriate changes.  Otherwise, you are giving complied consent for us to record the call that it is progress.  Phone recording laws in New Zealand are governed by the Privacy Act 2020 and the Crimes Act 1961

WEBSITE INFORMATION LEGAL DISCLAIMER

We (Computer Clinic) take no responsibility or liability for the accuracy of the information displayed on our website. We take no responsibility or liability for anything that arises from anyone relying on information from our website to their detriment. We take no responsibility or liability for any situations or detriment that may occur that come from a link or URL on our website.