Terms and Conditions
These are the Terms and Conditions under which we provide our Services and/or Products.
1. Definitions
In these Terms and Conditions:
“we”, “us” or “our” means all over IT Limited;
“you” or “your” means the customer that requested the Call Out;
“Call Out” means a single on-site visit made by us for the purpose of providing Services and/or Products;
“Cancellation Fee” means a fee of $50.00 (plus GST if applicable) for cancelling a Call Out other than in accordance with clause 3.2;
“Fees” means the charge for time spent on each Call Out as set out here plus any Product cost where applicable;
"Incremental Fee" is the charge for each minute after the first hour of the Call Out for On-site work. The period of each Call Out will commence from the time our technician arrives at your premises. For Off-site work, the incremental fee relates to each 15-minute period of time worked;
“Information” has the meaning given to that term in clause 7.3;
"Off-site" means the technicians work base. Where it is agreed beforehand, work relating to a Call Out may be completed off-site in return for a reduced hourly rate;
"On-site" means the address at which the Call Out has been requested to undertake the services by the customer;
“Products” means any hardware, software or other products provided by us;
“Product Cost” means the fees or cost for any Product provided by us;
“Services” means the on-site computer maintenance and repairs, IT support and/or consulting services requested by you and provided by us during a Call Out;
“Service Hours” means 8am to 6pm on any Working Day, Monday to Friday except when the Working Day is a Public Holiday. Appointments on Saturdays may be available by prior arrangement.
“Terms and Conditions” means these terms and conditions;
“Working Day” means any day other than a Sunday, except where the day is a recognised Public Holiday.
2. Acceptance
2.1 When you arrange a Call Out from one of our technicians, you agree to be bound these Terms and Conditions which are definitive and binding.
3. Call Outs
3.1 Where you arrange a Call Out, we will attend the premises for that Call Out at the arranged time.
3.2 To cancel a Call Out, you must advise us by calling the 0800 number before the end of the previous Working Day.
3.3 Where you fail to cancel a Call Out in accordance with this clause 3.2, we reserve the right to charge you a Cancellation Fee. If charged, you must pay a Cancellation Fee for that Call Out.
4. Services
4.1 In consideration of the Fees, we will perform the Services in accordance with these Terms and Conditions.
4.2 At the beginning of the Call Out:
(i) we will try to diagnose any problems described by you; and
(ii) we may provide an estimate of the time required to provide any Services.
Please note that while we endeavour to get the best outcome, we do not guarantee any diagnosis or estimate of time will be accurate, however we will keep you informed before proceeding with work over and above the estimate previously given.
4.3 The duration of the Call Out will be discussed with you. If the Services are not complete within that duration, we will discuss the options available, which may include extending that Call Out, arranging another Call Out or abandoning the Services. You may stop a Call Out at any time.
4.4 Regardless of clauses 3.2 or 3.3, once a Call Out commences, you must pay the Fees for that Call Out, including the Minimum Call Out Fee.
4.5 To enable us to undertake the Services:
(i) you must provide us all information, assistance, co-operation and access to premises and equipment that we may reasonably require to undertake the Services; and
(ii) you, or some person over 16, must be present while we provide the Services.
4.6 We will use reasonable endeavours to achieve the objectives of the Services but we provide no guarantee, and we will not be liable for any failure to meet the objectives.
5. Products
5.1 Where agreed with you, we will provide Products as part of a Call Out and subject to these Terms and Conditions.
5.2 You agree that risk in any Products supplied by us passes to you immediately upon supply.
5.3 Ownership of the Products will remain with us, and will not pass to you, until you have paid Product Cost and other Fees associated with that Call Out in cleared funds.
5.4 Should you decide after agreeing to purchase a product that you no longer wish to retain this product we have no responsibility to take this product back or refund you for that product. Any refund or return of the product is at our sole discretion and a restocking fee may apply.
6. Payment
6.1 We will provide a detailed statement of the Fees for each Call Out at the end of the Call Out and you must pay those Fees to us at the end of the Call Out.
6.2 Any other amounts payable under these Terms and Conditions will be payable immediately our Services are completed.
6.3 Payment must be made in cash or by cheque, EFTPOS, Visa, Mastercard or Internet Bank transfer. Payment by cheque will incur an additional $5 processing fee which will be added to the total amount payable.
6.4 When a Cancellation Fee is charged, payment is due immediately.
6.5 If you do not pay on time, we reserve the right to charge interest at the rate of 5% above the current OCR rate. Any interest will be charged on a daily basis from the due date until the date payment is received by us in full. If applicable, you must also pay any additional debt collection costs.
7. Privacy and Confidentiality
7.1 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.
7.2 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.
7.3 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.
8. Warranty
8.1 We warrant that we will use reasonable skill and care in undertaking the Services.
8.2 No warranty is given for the Products where any failure or defect results from:
(i) improper storage or handling of the Products by you, your employees, agents or customers. This includes, but is not limited to, any attempt to repair the Products being made by any person not authorised by us;
(ii) use, installation, modification or alteration (including repair) of the Products unless this is specifically recommended or authorised in writing by us or the manufacturer;
(iii) failure to maintain the Products in accordance with any care or maintenance instructions provided by us or the manufacturer;
(iv) fair wear and tear on the Products;
(v) any other matter or event specified by the manufacturer in relation to a specific Product as invalidating or being excluded from any warranty.
8.3 Your remedy in relation to the breach of any warranty under this agreement or at law, in relation to any:
(i) our Service, will be for us to undertake such Services again to the required standard; or
(ii) any Product, will be for us to repair or replace such Product, at our option, provided that if neither option is available to us, we may refund the price paid for that Product.
8.4 We have no obligation to install, customise or provide any other Service in relation to any Products repaired or replaced due to a breach of any Product warranty.
8.5 You acknowledge that if the Services or Products are supplied for business purposes the guarantees provided under the Consumer Guarantees Act 1993 do not apply.
8.6 You warrant that you are authorised to initiate each Call Out and, in providing the Services or Products, our access to your premises, use of the equipment, software, information or other material made available by you will not breach any third party rights.
8.7 Other than the warranties set out in these Terms and Conditions, all other express or implied warranties in respect of the Services and Products are excluded to the fullest extent permitted by law including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. All statements, technical information and recommendations made by the manufacturer and/or us about the Services or Products are believed to be reliable, but do not constitute a guarantee or warranty.
8.8 You have the right to dispute any charges arising from a Call Out. Any such disputes must be notified in writing within 7 days by email to info@alloverIT.nz. We will endeavour to resolve any dispute without the need of Court proceedings. Any such attempt is without legal prejudice.
9. Liability
9.1 We shall not be liable to you for any loss of any kind whatsoever as a result of any breach of obligations under this agreement, including any cancellation of the agreement or any negligence on our part.
9.2 To the extent allowed by law, our total liability under any claim of any nature arising directly or indirectly from any Service or Product will not exceed the Fees paid by you for that Service or Product.
9.3 You indemnify us against any and all liability against any claim arising out of or resulting from your breach of clause 8.6.
10. Termination
10.1 We may immediately terminate the agreement between us if we:
(i) believe that there is any threat to the safety of any of our staff or agents;
(ii) discover any pornographic, obscene, offensive or illegal content;
(iii) determine the presence of unlicensed or illegal software;
(iv) consider that you are in breach of these Terms and Conditions;
(v) find you are unable to pay your debts, or pose an unacceptable credit risk to us.
10.2 If we terminate the agreement we will cease to undertake the Services however all Fees incurred up to that time will become immediately payable.
11. General
11.1 We will not be liable to you for any breach or failure to perform any of our obligations where such breach or failure is caused by anything beyond our reasonable control, including (without limitation) inability to obtain supplies, war, civil commotion, terrorism, strike, lockout, other industrial act, weather phenomena or other act of God.
11.2 These Terms and Conditions contain the whole of the contract and understanding between you and us relating to the matters covered by these Terms and Conditions.
11.3 New Zealand law governs the formation, validity, construction and performance of these Terms and Conditions.
11.4 We may amend these Terms and Conditions from time to time. The current Terms and Conditions at any time are available on our website: www.alloverIT.nz
