THIS Your IT and Tech Mates by Chatsifieds.com SERVICES AGREEMENT (the “Agreement”) is dated and executed when you purchased, booked or raise a service ticket on this web site (vip.chatsifieds.com).
You are (the “Client”, you, I), Chatsifieds.com Pty Limited is (the “contractor”, we, us, our).
- The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide I.T. and Tech support services to the Client.
- The Contractor is agreeable to providing such I.T. and Tech support services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
1. The Client hereby agrees to engage the Contractor to provide the Client with the following I.T. and Tech support services (the “Services”): IT and Technology Support Service.
2. The Services will also include any other computer, I.T. and Tech support tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
Term of Agreement
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
4. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
5. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
6. The Contractor will charge the Client for the Services at the following rate of per hour (the “Payment”) and excluded tax (gst).
- The client will need to pay their first hour service fee and plus any afterhours charges online, or EFT into our nominate bank account at least 24 hours beforehand. Once we have received the payment then we can start any onsite or remote service work.
- Any onsite and remote support requests calls that last more than 1 hour and the remaining balance will need to be paid in full at the end of the service by the client.
- Quickfix are remote support only. It charges a minimum of $25 for every 15 minutes capped at $88 per hour for non members. It charges a minimum of $20 for every 15 minutes capped at $66 per hour for paid members.
- Remote Support is $66 for paid members and $88 for non paid member.
- Onsite Support is $88 for paid members and $132 for non paid members.
- Weekend and afterhours onsite or remote service calls will incur an after hours fee of $50 for non paid members only.
- An estimate of cost for work will be provided before performing CCTV security camera, smart door locks, computer, laptop, mobile and tablet services/repairs. Estimates are not guaranteed. Additional charge may be apply.
- In the case that there is an unforeseen deviation or hardware supply beyond the above estimated amount, every effort will be made to contact you and inform you of the situation and receive authorization to continue or stop at the estimate limit.
- In the case that you cannot be reached, chatsifieds.com will stop work until contact is established. Once reached, your decision to continue or stop will be honored by Chatsifieds.com.
- Full payment of the works must be paid on completion of the job unless a payment instalment option has been advised.
- where progress payments or instalments are agreed in the Order at the time each progress payment or instalment is due.
- After your item has been repaired, you have 30 days to pay for your item before we recycle it. A $30 admin fee will apply if item is not paid for within 30 days of the repair date unless payment arrangements are made prior.
- We do not refund a repair on a phone / a tablet / a computer comes with mobile network capabilities that has call barring applied by its network provider. It is the customers responsibility to ensure the phone is legitimate. Unlocking a phone does not remove call barring.
- If at anytime a liquid damaged item is returned under our 90 day warranty period and is then deemed beyond repair, the customer will be refunded all cost minus a 1 hour labour fee of $66.
- All prices and or quotes include gst and are subject to visual inspection.
- The client acknowledges that we may cease works, stop the works or refuse to release the Goods where the client has not paid the Price, instalment or progress payment on the due date. Payment by the client will only be recognised by us when the payment is received in clear funds into our bank account or when remittance is provided for payment have cleared.
- The repair of your goods may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
- If you need to return a product that is capable of retaining user generated data such as flash drives, internal or portable hard disk drives, please note that assessment and/or repair of the product may result in the loss of data. We strongly recommends you save any data as a backup, external to the device where possible.
7. The Client will need to pay the full and remaining invoice amount is due upon completion of services, upgrades, or repairs.
- Remote Support is $66 for paid members and $88 for non paid member
- Onsite Support is $88 for paid members and $132 for non paid members.
- Weekend and afterhours onsite or remote service calls will incur an after hours fee of $50 for non paid members only.
- Please note if a product returned to us for warranty is deemed to be NOT FAULTY, we reserves to right to charge a service fee of $88 for each product returned to us, or we reserves to right to charge an onsite diagnostic service fee of $120.
- All quoted repairs amount.
9. Invoices submitted by the Contractor to the Client are due upon receipt.
10. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.
11. The Payment as stated in this Agreement does include sales tax, or other applicable duties as may be required by law.
12. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
Interest on Late Payments
13. Interest payable on any overdue amounts under this Agreement is charged at a rate of 5.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
14. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
15. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
16. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
Ownership of Intellectual Property
17. All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use licence of this Intellectual Property. Any software produced during the course of this Agreement may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
18. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor. Intellectual property rights include the look and feel of any software produced.
Return of Property
19. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
20. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Right of Substitution
21. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
22. In the event that the Contractor hires a sub-contractor:
- the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
- for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
23. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
24. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, equipment, cabling, software, replacement parts, supplies and any other items or parts necessary to deliver the Services in accordance with the Agreement.
25. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
26. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and emailed to the Parties at the following email addresses:
1, Your registered email address on this web site.
2. Chatsifieds.com Pty limited – [email protected]
or to such other address as either Party may from time to time notify the other.
Australian Company Number (ACN)
27. The Australian Company Numbers (ACN’s) for the Parties to this Agreement are as follows:
Chatsifieds.com Pty limited: 620 592 403
28. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Modification of Agreement
29. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Time of the Essence
30. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
31. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
32. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
33. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
34. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
35. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
36. This Agreement will be governed by and construed in accordance with the laws of the State of Victoria.
37. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
38. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
40. Service and support will be provided, to The Client in accordance with the terms indicated in this agreement and on this website (vip.chatsifieds.com). Chatsifieds.com has no obligation to provide service or support until Chatsifieds.com has received full payment for the Support Agreement(s). Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice and are available on Chatsifieds.com’ website. Customer will be provided Support Services only for the Chatsifieds.com in which the Support service Agreement was purchased.
41. Chatsifieds.com may limit or terminate support service to, or may elect not to renew additional support if The Client uses the service in an irregular, excessive, abusive or fraudulent manner or uses Product(s) with third party software that is determined at Chatsifieds.com’ sole discretion to be incompatible. Examples of such use include a high number of support requests that concern previously resolved issues and/or general usability, repeated posing of questions to which the answer is readily found in our support forum, and discussion of issues that are not related to technical support. Coverage is non-transferable and is valid for The Client only. Resale or transfer of support service is strictly prohibited, and will be grounds for termination or non-renewal of support.
42. Onsite residential and business support within 25 Km of Melbourne CBD only.
43. Mates rates are not valid for any computers repair and technical service companies.
44. Chatsifieds.com will only perform and provide computer services, repairs, and upgrades as requested by the client.
45. To receive onsite services you must be within 25KM of Melbourne CBD, and a minimum one hour service applies. Charges apply if you cancel on-site service with less than 48 hours notice.
46. We only clone one hard disk for all our hard drive upgrade service. Additional hard drive disk cloning requests will be charge extra.
47. Not all members’ afterhours service call requests (after 5:30pm and / or weekend) are grant automatically. Chatsifieds.com reserves all rights to grant or refuse any afterhours onsite or remote service calls if we found that they are not urgent or non critical.
48. In the case of accidental damage of data to your system or data loss caused by already existing problems in your system such as viruses, bad configured software, or hardware problems/failures. You the customer agree to hold Chatsifieds.com and any person(s) any business(es) associated with Chatsifieds,com or involved in the work being done for you harmless from all damages resulting from such problems and loss.
49. Chatsifieds.com is not responsible for any lost or corrupted software or data. Chatsifieds.com strongly recommends that The Client maintain a complete data backup and disaster recovery plan.
50. You authorize the chatsifieds.com service agent providing the service or repair to install anti-virus and any other necessary software on your computer, laptop, phone and tablet to perform required services. All software and app will be deleted / uninstalled upon completion of the service if required and as required.
51. Chatsifieds.com and any person(s) any business(es) associated with Chatsifieds.com will conduct honest, reasonable, and considerate services. The goal is to provide the highest quality of service and support, but specific results cannot be guaranteed.
52. The length of time required to service/support/repair your computer, phone, tablet, laptops cannot be predicted.
53. I.T and Tech support, Computer/phone/tablet/laptop service/repairs are provided as a service. There may be circumstances under which your computer/laptop/phone/tablet can not be repaired. It will have to be rebuilt, replaced or upgraded.
54. It is your responsibility to backup your data. Chatsifieds.com will not be responsible for any or all data loss whatsoever.
55. When you make your service booking, you will receive a confirmation email or a confirmation phone call from us. Service bookings are subject to availability, and we cannot guarantee in advance that we can fulfilled your service booking on your chosen date, and or chosen time.
56. Once we receive your booking or ordering request we will contact you to confirm. We can not guarantee your booking or ordering will be fulfill on the your chosen date or chosen time.
57. Subject to change. All pictures shown are for illustration purpose only. Actual product may vary due to product enhancement or product model change. While chatsifieds,com has made every effort at the time of publication to ensure the accuracy of the information provided herein, product specifications, configurations, prices, system/component/options availability are all subject to change without notice. Product design specifications and colours are subject to change without notice and may vary from those shown. Errors and omissions excepted.
58. One Gigabyte (GB) means 109 = 1,000,000,000 bytes using powers of 10. The computer operating system, however, reports storage capacity using powers of 2 for the definition of 1 GB = 230 = 1,073,741,824 bytes, and therefore shows less storage capacity. Available storage capacity will also be less if the product includes one or more pre-installed operating systems, such as Microsoft Operating System and/or pre-installed software applications, or media content. Actual formatted capacity may vary.
59. The transmission speed over the wireless LAN and the distance over which wireless LAN can reach may vary depending on surrounding electromagnetic environment, obstacles, access point design and configuration, and client design and software/hardware configurations. [xxMbps is the theoretical maximum speed under the IEEE802.11 (a/b/g/n/ac/ax) standard.] The actual transmission speed will be lower than the theoretical maximum speed.
60. We adheres to its best practice policies and procedures to prevent data loss while cloning and repairing your device included your hard disk, MacBook, computer, laptop, tablet and mobile phone, but does not make any guarantees that there will be no loss of Data.
61. We require at least 48 hours’ notice for every Onsite or Remote IT support service cancellation. For bookings cancelled with less than 48 hours’ notice, we will charge a $25.00 reschedule fee.
62. For Onsite IT support booking that cancelled on the spot including you are not at home, or you are not presence onsite, or you forgotten to cancel your onsite service booking after our technician arrived on site. We will charge a $88.00 call out service fee.
We are sorry that cancellation charges have become necessary but regrettably our experience dictates this precaution.
63. You will be able to cancel a booking order from the “My Accounts > My Orders” section.
64. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(a) To cancel your service contract with us; and
(b) To a refund for the unused portion, or to compensation for its reduced value.
65. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service’.
66. Your warranty will be void if device and or replaced parts have any physical damage, liquid ingress, mistreatment, misuse, abnormal use, negligent use and or have been tampered with by a 3rd party.
67. A 3 month warranty applies to all repairs. Your warranty will be void if device and or replaced parts any physical damage, liquid ingress, mistreatment, misuse, abnormal use, negligent use and or have been tampered with by a 3rd party.
68. Please note APPLE do not supply parts, GENUINE parts are purchased directly from the same manufacturers that build apple parts. Time to complete repair is dependent on parts availability.
69. To the full extent permitted under Australian law, the cost of returning the product will be borne by the client.
70. Shipping charges to return the product to the customer will be applied. In addition any fees charged by a relevant authorized service center may also be charged.
71. The whole warranty process usually takes 2 – 4 weeks. However, under some circumstances, it can take 8 – 10 weeks.
72. In order to obtain any remedy from us, you must provide us with clear proof of purchase. The proof of purchase may either be a:
a) receipt we issued or
b) bank statement or credit card statement where the amount shown on the statement directly corresponds with the purchase price of the product (where multiple products were purchased in one transaction, this would limit our ability to establish proof of purchase).
c) If we cannot be satisfied that you purchased the product from us then we may elect whether or not to accept your product for return. For fraud prevention purposes, if you do not have a receipt, and we elect to give you a return we will need to record your personal details.
73. Please ensure that all products shipped to us are adequately packed. we take no responsibility for products that arrived damaged which have been damaged in transit. All such damaged products will be rejected immediately and costs for return shipping will be charged.
74. Once proof of purchase has been established, we will need to consult with the manufacturer or repair agent to determine the fault and resolution. When we send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe.
75. Once the product is with the manufacturer or their repair agent, they will determine whether:
a). there is no fault found;
b). there is a non-major fault which can be easily repaired within a reasonable timeframe;
c). there is a major fault found and you are to be offered a replacement or a refund; or
d). the product has been damaged or abused through misuse, abnormal use or negligent use.
76. Where the manufacturer’s assessment finds that there is no fault with the product, or that the product been damaged due to misuse, abnormal use or negligent use, we may require you to, in which case you must, pay us for any fee incurred by us in connection with the assessment of your product, and the transportation of your product to and from the manufacturer.
77. Where there is no fault found, the product will be returned to the us and then we will be returned to you.
78. We cannot offer a refund or exchange where there is no fault with the product, or the product has been damaged due to physical damage, liquid ingress, mistreatment, misuse, abnormal use or negligent use, whether that has been identified by Chatsifieds.com, the manufacturer or the repair agent. However in such case, we may offer you repair of your product at your cost.
You (I) hereby agree to the above terms and authorize Chatsifieds.com to perform services/repairs as stated in the service order. You (I) also agree to the terms and conditions within this Agreement.