Terms and Conditions – IT Guy Onsite

The following terms and conditions apply to the services IT Guy Onsite provides. IT Guy Onsite reserve the right, in IT Guy Onsite’s sole discretion, to make changes or modifications at any time and for any reason. All terms and conditions are in effect from 1st/ Jan/ 2020.

1. IT Guy Onsite

Business Name: Computer Repairs (Melbourne) Pty Ltd
ABN: 15 165 361 786
Trading name: IT Guy Onsite
Website: ITGuyOnsite.com.au

2. Acceptance

It is not necessary for any customer to have signed an acceptance of the terms and conditions in this agreement for them to apply.
If a customer accepts a quote then the customer will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully, any purchase or use of IT Guy Onsite’s services implies that you have read and accepted IT Guy Onsite’s terms and conditions.

3. Time Blocks

IT Guy Onsite quotes and charges customers by time blocks for on-site / remote services. (e.g., $39 per 15 minutes, $129 per hour, etc.)
Quotes and charges per time block are based on factors including but not limited to
- distance
- traffic conditions
- complexity of problem
- conditions of devices
- skill level required
- peak / off peak
- urgency of task
- first time / returned customer
- business / non-business customer
- level of user training
- risks of problems in the future
- market prices competitors are offering
- risks of late or overdue payments
- credit checks
- Eftpos/ cash / credit card payments
As a result, quotes and charges may differ from time to time, from cases to cases
For onsite services, service
- starts from the time IT Guy Onsite’s staff enters your address, and
- ends with the time IT Guy Onsite’s staff leaves Your address.
For remote services, service time
- starts from the time the call / remote connection starts, and
- ends with the time the call / remote connection ends.

4. Cancellation or Change of Appointment Time

IT Guy Onsite does not accept cancellation or change of appointment time 48 hours prior to the scheduled appointment.
You agree to pay a penalty amount of $89 + GST for any absence, cancellation or change of appointment time without written notice 48 hours prior to the scheduled appointment.

5. Overdue / Debt Collection

Should a payable amount be overdue for more than 14 days, IT Guy Onsite reserves rights to pass on the case to debt collecting agencies and/or to legal professionals.
You agree to remedy IT Guy Onsite for overdue amount plus any admin and/or legal costs involved.

6. Payment Timeframe

You agree to pay for service fees and other fees in full immediately on completion of services
You agree to pay for invoices due by 6pm on the same business day, unless otherwise specified.

7. Payment Methods

Credit Cards (Master / Visa)
Cash
Bank Transfer

8. GST

All quoted prices are GST exclusive, unless otherwise specified.

9. Business hours

As specified on the company website

10. After hour rates

For services provided after hours / weekends / public holidays
rates may increase by 20% – 35%

11. Your Service Obligations

You must be contactable by IT Guy Onsite in a reasonable manner, via the contact details given by you.
You must ensure that a person of at least 18 years of age is present for the duration of the provision of on-site services.
You must provide IT Guy Onsite’s technicians with access to the areas of your premises necessary to provide services; access to your devices; a safe working environment and working space; and electrical power and internet access (where applicable).
If the services involve the installation of software, then you must provide IT Guy Onsite’s technicians with the installation files along with a product key for this software.
You must back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of IT Guy Onsite’s technician
You agree to comply with all relevant policies and procedures IT Guy Onsite advise
You must ensure you do not cause any harm or injury to IT Guy Onsite’s on-site technicians.
You must have legitimate copies of all software as well as all installation disks/media and product keys ready to use when you ring us about a problem.

12. Preliminary Diagnostic Process / Fee Estimation / Time Frame Estimation

Please refer to “Nature of Computer / IT Problems”.
IT Guy Onsite endeavours to provide you a preliminary diagnositic information / fee estimation / time frame estimation that are as accurate as possible, before we officially examine at your serviced item.
You acknowledge any preliminary diagnositic information / fee estimation / time frame estimation without official examination of your serviced item are rough guidelines only, most likely from past experience only.
Official diagnostic process typically requires a much longer time, using specialized software / tools, by specially trained staffs to complete.
Should an official diagnostic process incur any diagnostic fee, it will be informed beforehand, and you hereby agree to pay for such diagnostic fees before it commences.
Diagnostic fees are usually non-refundable, unless specified otherwise.

13. Access to Your Software, Hardware, Accounts, Systems, and Data

You consent and authorize us to:

Access your nominated devices/ accounts/ passwords/ software/ hardware, etc. in order to provide IT Guy Onsite’s services.
Access, modify, reproduce and / or temporarily impair your data, systems, programs, or electronic communications, etc. to the extent necessary to carry out the services.
Sometimes, these steps may cause unpredictable side effects that may do harm to your computer, data, software, hardware, networks, etc. (such as blue screen, crash of system, loss of data), you agree that IT Guy Onsite is free from liability in this regard.
Collect and show certain evidence, such as screenshots, photos, videos, in order to prove the soundness and/or completeness of any service we provided.

14. Your Data Backup Obligation

You are responsible for ensuring your data, software and media is backed-up prior to us accessing your systems or technology to provide IT Guy Onsite’s services.
IT Guy Onsite are not responsible at any time for any data loss, alteration, or corruption of any such data, software, or media.

15. Third Party Software, Hardware, Copyrights, Subscriptions, Licenses, Intellectual Properties

IT Guy Onsite is a 100% independent IT Company
In general, IT Guy Onsite does not sell software, hardware, membership, subscriptions, licenses, etc. directly to public.
IT Guy Onsite does not affiliate with domain / web hosting/ email hosting / internet services, either. (such as Microsoft, Google, TPG, etc.)
This is to ensure customers get the most tailored products/services for what they really need, rather than purchasing biased/wrong products that only give us extra profit
Therefore, IT Guy Onsite’s quotation does not include any third-party charges (e.g., Microsoft Licenses, etc.)
For any computer / IT services/ task/ job/ project requires correct ownership of software, hardware, subscription, licenses, you agree to obtain them prior to the service.
You warrant that software, hardware, subscriptions, licenses from third parties are in working conditions suitable for our service’s purposes.
You warrant that you are the owner or authorized licensee of all software, hardware, subscriptions, licenses, PCs/laptops and other equipment which you ask us to access, repair or install for you, and providing IT Guy Onsite’s services in relation to those items does not violate any third-party rights.

16. IT Guy Onsite’s Service Guarantee – Legal, Ethical Guidelines

IT Guy Onsite provides service guarantees, and follows laws, guidelines set by government consumer regulatory bodies, such as
- VCAT,
- Australian Consumer Law,
- Consumer Victoria,
- etc.
IT Guy Onsite endeavours to meet customers’ satisfaction to the best of its ability
IT Guy Onsite highly values its business reputation and customer feedbacks
IT Guy Onsite regularly examines its service quality by matching the industrial standard.
IT Guy Onsite regularly reviews and adjusts its service quality measures internally.

17. Delivering a service for a purpose, desired result / outcome

IT Guy Onsite relies on information you provide to understand your needs, budgets, how you want to achieve certain results / outcomes / purposes

You acknowledge

it’s your responsibility to supply IT Guy Onsite with all true / relevant/ complete information that’s needed to deliver a service for your desired purpose/ outcome/ results
if certain information is missing, incorrect, incomplete, hidden, misrepresented, IT Guy Onsite cannot be liable for any undesired result

18. Estimated Timeframe / Quotation / Estimation

IT Guy Onsite endeavours to advise you, before each service is agreed to begin

How much will a similar task / job / project typically cost by similar service providers
How long will a similar task / job / project typically take by similar service providers
What is the success rate / risks / pros and cons, warranties, should a certain solution be chosen
Some of the key approaches IT Guy Onsite will take in order to achieve the desired outcome/ purpose/ result
How likely the problem may re-emerge again
Any non-refundable charges regardless of results/ outcomes

Advises/ estimations/ quotations are based on

similar cases in the past, from ordinary service providers to ordinary customers
information you provided

You acknowledge

the end cost / time taken / outcome may differ, even based upon the most thoughtful advice/ estimation / quotation, because each advice/ estimation/ quotation is unique and independent to another.
the end cost / time taken / outcome may differ because there are third party factors such as, but not limited to: supplier price change, delivery delays, software/hardware unpredictable failure, etc.
You agree to pay based on the actual price at the end, rather than the estimation / quotation at the start.
IT Guy Onsite reserves the right to charge extra, should there be additional costs/ charges brought in during a service, such as but not limited to: extra postage required for the service, extra travelling, extra parking expenses, extra hardware or software required, extra subscriptions or licenses required, etc.
Estimation, quotation valids for 5 business days.

19. Nature of Computer / IT Problems

You acknowledge

Computer / IT services are extremely complex problems.
Computer / IT problems can emerge for unknown reasons / multiple reasons.
Similar computer / IT problems can re-emerge again for unknown reasons / multiple reasons, not necessarily due to poor service from IT Guy Onsite in the first place. (For example, some computers are slow due to incorrect installation of certain programs, a computer/ IT service has fixed such problem and the computer stays fast for 2 days. But after 2 days, the computer becomes slow again because of the customer has accidently opened a suspicious email attachment so that the computer is affected by a virus/malware. In this case, the virus/malware has made the computer slow again. The computer/IT service provider bears no responsibilities/ liabilities for the slow problem that emerges the second time.)
IT Guy Onsite endeavours to follow manufacturers/ service providers’ advice / procedures to identify reported problems and try to seek and apply solutions.

20. Warranty Period – Labour Warranty

In general, 7 – 90 days depending on your actual problem, unless otherwise specified
See “Warranty – Exception / Limitation/ Disclaimer” section
See “Estimated Timeframe / Quotation / Estimation” section
IT Guy Onsite delivers computer / IT services of more than 60 category items
Each computer and IT service category is unique in its
- hardware software conditions
- root of problems
- complexities and difficulties
- third party products / personnel / services involved
- choice for solutions
- choice of replacement parts
- labour costs involved
- uncertainties
- failure rate based on industrial standards
- chances of similar problems re-emerging
Therefore, there is no way for IT Guy Onsite to set a universal, unchanging, fixed warranty period for all our service category items.
IT Guy Onsite endeavours to provide warranties that are similar to what are provided in the market by similar service providers.
You acknowledge you have read and agreed with IT Guy Onsite’s warranty terms and conditions before a service is proceeded.
You agree to bring any warranty claiming item back to IT Guy Onsite at your own costs.

21. Warranty – Exception /Limitation /Disclaimer

See “Delivering a service for a purpose, desired result / outcome” section
See “Estimated Timeframe / Quotation / Estimation”

You acknowledge

certain service categories are offered with significantly less or no warranty regardless of the end results / outcomes
you agree to pay for the full amount regardless of the results/ outcomes

These service categories include, but not limited to the following

network related problems (Network problems can be highly complicated, and related to factors, such as, but not limited to routers, modems, WIFI, LAN, cabling, switches, repeaters, end user devices, network hardware drivers, program updates, security features, firewalls, operating systems, computer viruses, electrical wiring, building infrastructure, street infrastructure, server condition, factors from Internet provider side, weather, etc. You agree that all network related service IT Guy Onsite provide are strictly payable by time, and not by result.)
some testing and diagnostics services
some initial consultation sessions
some training sessions
data recovery, data backup, data transfer services, whether or not there is any data loss involved
virus/ malware related services
unfinished services caused by you or third parties for whatever reasons
problems where manufacturer or original service provider’s recommendations / troubleshoot steps already been attempted (e.g., Microsoft, Telstra, etc.)
problems caused by software/ hardware / services that are not sold / recommended by IT Guy Onsite
problems caused by you or any third party who did not follow IT Guy Onsite’s advice (e.g., upgrades needed for certain poorly performed software/hardware, change certain user habits / behaviors that keep causing problems, etc.)
problems are caused by deliberate or negligent misuse or abuse, physical alteration, fire, liquid spillage, use of incorrect voltage, power surges or dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorized repairs by any persons, use of defective or incompatible accessories, computer viruses, corrosive conditions or introduction by an insect, pest, or other foreign body
problems due to incorrect operations, settings, configurations, steps and procedures by you or any third-party
service categories that are often offered less or no warranty by similar service providers in the market
other service categories that are advised beforehand with less or no warranty, price charged based on time and actual costs, regardless of results before you chose to proceed

You acknowledge IT Guy Onsite cannot provide warranties for

problems that are unrelated to initial service IT Guy Onsite provided
problems that are hidden / not disclosed / not properly described
any new task/problem/job/step that is independent of an old task/problem/job/step
situations that are beyond ordinary human control
when the owner of the warranty item cannot be identified
warranty claims that are deemed not reasonable by ordinary service providers for similar problems
warranty claims that are deemed not reasonable by ordinary consumers for similar problems

You acknowledge

warranty claims can only be done by following steps and procedures listed in “Warranty Claim – Steps / Procedures” section

You acknowledge

IT Guy Onsite reserves rights to outsource certain phases of a service to a third-party subcontractor.
IT Guy Onsite generally doesn’t sell computer hardware/software directly to public. In some cases, IT Guy Onsite uses certain recommended computer retailers in order to provide that hardware/software. Should certain hardware/ software/ services involve warranties that are provided by third party subcontractors/ recommended computer retailers, you agree to seek warranty from them instead of IT Guy Onsite.

22. Warranty Claim – Steps / Procedures

Please send your warranty request to info@ITGuyOnsite.com.au
Relevant screenshots/ videos / details of problems
A short description of what and why IT Guy Onsite is at fault
Invoice / proof of purchase
Date of service
Your full name
Contact methods
Any other details we may need to process your claim

IT Guy Onsite endeavours to reply you within 5 business days, you will be advised:

Whether the requested warranty issue is related / unrelated to IT Guy Onsite’s initial service provided

Should there be any fault from our service

Whether the nature of problem is major / minor,
Remedy step, whether it’s to
- Fix the problem for free
- Fix the problem with certain costs
- Partial refund
- Reduce price
- Store credit
- Get the unsolved problem fixed elsewhere
- Full refund
Any extra costs involved, and
Length of time

23. Acknowledgements and disclaimers

You acknowledge that, to the extent permitted by law (including the Australian Consumer Law):

Timeframes are estimates only(IT Guy Onsite will use best endeavour to meet any estimated dates for delivery or completion of the services and provide you with as much notice as possible of any expected delays)
On-site support – return to base for difficult problems(it may not be possible to resolve all problems via an on-site service. In particularly difficult cases, IT Guy Onsite may (with Your permission) need to take Your system to IT Guy Onsite’s base or third-party premises for diagnosis and repair. IT Guy Onsite will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs).
Recommendations for upgrades / replacements(in providing the services and goods to you, IT Guy Onsite may identify that the solution to Your problem is to upgrade or replace Your software or hardware. In that case you acknowledge that IT Guy Onsite have met IT Guy Onsite’s commitment to you by providing you with a solution to Your problem, whether or not you choose to implement that solution).
No guarantee that all issues will be identified(while IT Guy Onsite use IT Guy Onsite’s best efforts to identify issues with Your software and hardware, given the nature of technology, you acknowledge that IT Guy Onsite do not guarantee that all problems will be identified).
Final solution may differ from initial diagnosis(as computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed, IT Guy Onsite’s final proposed solution may be different from the initial diagnosis).
Not all issues can be resolved by remote support(you acknowledge that some problems cannot be fixed over the telephone or by remote system access and may require on-site support).
Failure to follow IT Guy Onsite’s instructions or advice(you agree that IT Guy Onsite are not liable for any loss or damage that results from Your failure to follow IT Guy Onsite’s instructions, recommendations, or advice).
In some cases, our service to your computer / IT system may void manufacturer, third party warranty, IT Guy Onsite cannot be held responsible/ liable in this regard.
All unclaimed items or repairs will automatically become properties of IT Guy Onsite after 3 months dated from the final notice.
IT Guy Onsite is a business with absolute integrity. Throughout the entire service history, IT Guy Onsite has had 100% clean and safe history related to parts theft / exchange from serviced items, and zero customer disputes in that regard. However, should you still have concerns about such issues, you agree to take evidences (such as photos, serial number records, etc) beforehand and inform such evidences before they are handed to us.
Wears and tears are inevitable throughout the service process, IT Guy Onsite endeavours to minimize such wears and tears to your property. And you agree that IT Guy Onsite can not be held liable for any reasonable wears and tears of your property.
Some service operations are significantly more risky than others (such as, but not limited to, fixing tiny motherboard components, hard drive recovery, etc), IT Guy Onsite endeavours to inform you before such ricky operations commence. Should such risky service operations put you into any loss, you agree that IT Guy Onsite can not be held liable.

24. Liability

You agree that, to the extent permitted by law (including the Australian Consumer Law), IT Guy Onsite will not be liable to you (whether in contract, negligence or otherwise) for any:

interruption of business
loss of revenue, profits, or business reputation
delays or service disruptions
loss, alteration or corruption of data, software, or media
viruses or system failures
events beyond IT Guy Onsite’s reasonable control
incorrect ownership of software licenses, copyrights, subscriptions, intellectual property

IT Guy Onsite are also not liable to the extent:

any loss (for example, through your negligence or breach of contract)
any loss results from you or third party failed to follow IT Guy Onsite’s advice or reasonable directions or to take reasonable steps to avoid or minimize your loss
other problems that are hidden/ underlying, appeared/ triggered during or after the service provided.
other sequential problems that are caused during ordinary service time performed by ordinary computer / IT professionals
problems that are pre-exiting but undisclosed or misrepresented
problems caused by parts / services that are not sold or not recommended by IT Guy Onsite

You acknowledge

Our liability under this warranty shall not exceed the amount of the purchase price of the service, excludes any additional or consequential loss or damage suffered by you or any third party to the fullest extent permissible by law.

25. Indemnity

You agree to indemnify us, IT Guy Onsite’s technicians and IT Guy Onsite’s related entities, employees, and agents, and hold us each harmless from any loss, damage, costs (including reasonable legal costs), or expense which arises from Your breach of any part of this Agreement.

26. Termination & Suspension

IT Guy Onsite may suspend the services at any time to the extent IT Guy Onsite reasonably believe necessary due to your breach of this Agreement (including suspending services where you fail to pay fees when due), or in order to prevent any damage to or misuse of IT Guy Onsite’s services or systems.

27. Changes to Terms

IT Guy Onsite may change the contents of our advertised material, websites, and terms of this Agreement from time to time, these changes will take effect as soon as they are made and apply to all renew service requests.

Notwithstanding the above, nothing prevents us:

changing policies and procedures associated with this Agreement (e.g., on-site Covid-19 procedures) where reasonably required in the circumstances; or
to make urgent changes to this Agreement that are required by law, or reasonably necessary for security or technical reasons or to prevent fraud or misuse of the services.

28. Force Majeure

IT Guy Onsite will not be liable for non-performance or delays caused by external events beyond IT Guy Onsite’s reasonable control (“Force Majeure “).
Force Majeure events shall include, without limitation, acts of war, terrorism, cyber-attacks, civil commotion, epidemic or pandemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency.

29. Dispute Resolution

We understand, in less than 0.1% of the chances, you might be still unhappy with our service.

Not to worry! We have a dispute resolution method that is proven to be fair and just for both consumers and service providers.

Unconditional Partial Refund / Price Reduction Promise
Provided at least 1 independent “Recognized Expert Report for Technical Dispute”, that proves IT Guy Onsite is at fault
IT Guy Onsite does not accept dispute resolution based on any “Non-Recognized Opinion for Technical Dispute”
Unconditional Full Refund Promise
Provided at least 2 independent “Recognized Expert Report for Technical Dispute”, that outlines IT Guy Onsite is at fault, and assumes 100% of its responsibility
IT Guy Onsite does not accept dispute resolution based on any “Non-Recognized Opinion for Technical Dispute”

30. Recognized Expert Report for Technical Dispute

A recognized expert must be from a computer / IT business that fulfill at least 2 of the following

A computer / IT business that has an Australian business website, the website has existed for more than 5 years
A computer / IT business that has an Australian ABN for more than 5 years
A computer / IT business that has an Australian physical workshop/ store for more than 5 years

A recognized expert can be other parties/ individuals recognized by consumer law regulatory bodies, such as VCAT, consumer affairs Victoria, etc.

Such businesses/ organizations/ individuals must show that

they provide similar computer / IT services as part of their everyday business routine.
g., if the dispute is related to data recovery, then data recovery services must be found on their website

Expert report must include the following

What and why the expert thinks IT Guy Onsite is at fault, e.g.
Why IT Guy Onsite hasn’t provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage, if it applies
Why is IT Guy Onsite’s service not fit for the purpose, if it applies
Why is IT Guy Onsite not delivering the service within a reasonable time, if it applies
Is the fault: a major fault / minor fault according to Australian / Victorian consumer legal standard
Evidence that support the expert’s view
Percentage of responsibility/ liability that IT Guy Onsite need to bear (e.g., 0% – 100%)
What outcome would an ordinary consumer expect for similar problems in the first place
What methods/ approaches/ steps/ procedures/ time frames/ charges, would an ordinary service provider do to similar problems
What remedy measures would an ordinary service provider provide to similar disputes
Date, full name, position, contact methods, signature of the professional issuing such report
Report must be sent from the expert’s computer / IT business emails

31. Non-Recognized Opinion for Technical Dispute

Opinion provided by personnel not listed in the “Recognized Expert Report for Technical Dispute” section (e.g., a friend, a website, certain articles found on Google or social media)
Businesses that do not meet the criteria in the “Recognized Expert Report for Technical Dispute” section
Experts that do not meet the criteria in the “Recognized Expert Report for Technical Dispute” section
Reports that do not include all specified contents in the “Recognized Expert Report for Technical Dispute” section

32. Refurbished Computer

Refurbished computers come with a standard 1 month warranty, unless otherwise specified.
You may purchase extra Refurbished Computer Warranty from IT Guy Onsite on top of the standard warranty.
Refurbished Computer Warranty covers: CPU, RAM, motherboard, screen, Wi-Fi / LAN hardware module, DVD player
Refurbished Computer Warranty does not cover any other hardware / software components, such as but not limited to : keyboards, fan, battery, charger, sound, pointing devices (e.g. trackpads, mouse), plug and unplug sockets / input / output ports (e.g. USB sockets, VGA cables/sockets, HDMI cables/sockets, card readers, etc) , Operating systems (e.g. Windows), any software, any licenses
Warranty becomes void should any warranty label be removed /damaged / unsealed.
You agree in any circumstance, refurbished computers are not refundable, should IT Guy Onsite be liable for any warranty claim, IT Guy Onsite will provide you with a replaceed refurbished computer with matched or higher residue market value.
You agree, in no circumstances, warranty cover initial setup process, such as but not limited to: data backup / transfer / restoration, software installation / setup, Wi-fi / printer / router / NBN setup, etc
Other terms and conditons in this document do apply to refurbished computers too, such as but not limited to: “Data Backup Obligation”, “Warranty Period”, “Warranty – Exception /Limitation /Disclaimer”, “Warranty Claim – Steps / Procedures”, “Acknowledgements and disclaimers”, “Liability”.

33. Governing Law

This document is governed by the laws of Victoria, federal laws of Australia.

34. Notices, Feedback, and Information

You agree that any notices or other communications may be provided to you in written form.
You must promptly notify us if you change Your contact methods.
You may send notifications to us in written form
IT Guy Onsite welcome Your feedback.
It helps us improve! You agree that IT Guy Onsite may use any written feedback you provide to us on IT Guy Onsite’s website and otherwise for marketing purposes without needing to obtain Your further consent to do so.

35. Assignment

You must not assign this Agreement except with IT Guy Onsite’s prior written consent.

36. Waiver

A failure or delay in exercising any right, power or remedy does not operate as a waiver.

37. Severability

If any part of these terms is illegal or unenforceable, it will be severed from these terms and the remaining terms will continue in full force and effect.

38. Survival

Any provision of this Agreement which is by its nature a continuing obligation will survive termination of this Agreement.

39. Interpretation

A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation.