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MattaSoft Computer Repair (ABN 26 131 865 079)
These terms and conditions (each amended from time to time) (collectively
"Terms") govern our relationship with you.
When you use our services, you agree that you have read and understood the
Terms. We may request that you sign a form acknowledging this.
References to "we", "us", "our" in the Terms are references to
MattaSoft Computer Repair and its related companies, its employees,
contractors or agents.
Our website is located at
www.mattasoft.com.au
1. What we do
We provide our services by:
- Visiting your home or business (On-Site Services);
As part of providing these services we may:
- sell you certain types of equipment, hardware or software; and/or
- take your hardware to our base.
Our services will be provided during our service hours
which are set out on our website.
Our services are designed to meet the needs of home users and small
businesses including those who work from home (SOHO). In some cases where
you use a work computer and do not have administration rights to your
computer, our ability to provide services to you may be limited. If you
think this may be the case, please discuss this with us.
Information about our services and pricing is available on our website or
from our MattaSoft Computer Repair Technician upon request. We
recommend you check this information regularly as we may change our services
and pricing from time to time.
We may provide you with hardware or software manufactured by a third party.
You agree to comply with our reasonable directions to enable us to comply
with our obligations to such third parties.
2. What we need you to do
So that we can provide you with the best services we can, it is important
that you do certain things requested by us before we provide your services.
If you don't do these things, we may not be able to provide you with our
services and/or you may risk losing valuable data.
- 2. 1 Software
If our services involve the installation of software, then you must
provide our MattaSoft Computer Repair Technician with the
installation disks for your operating system or software along with a
product key for this software.
- 2.2 Backing up your software or data
Computers are complicated machines and although we take all reasonable
precautions, files can be lost simply by doing routine work. You
acknowledge and agree that it is your sole responsibility to back up all
software and data that is stored on your computer's hard drive(s) and/or
any other storage devices you have before we provide any services to
you. If for some reason you cannot back-up your data, we can do this for
you for a fee as part of our On-Site Services. If you choose not to
back-up your data, either yourself or through us, you do so at your own
risk and agree that we will not be responsible at any time for any loss,
alteration or corruption of data or files relating, either directly or
indirectly from the provision of our services.
3. On-site Services
On-Site Services involve our MattaSoft Computer Repair Technician
visiting you at your home or other location requested by you (Premises).
When we visit your Premises, you must acknowledge that you have read and
understood these Terms before we will provide services to 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 our MattaSoft Computer Repair Technician with access
to the areas of your Premises necessary to provide services, necessary
passwords to your computer, a safe working environment and working space,
electrical power and internet access (where applicable).
You acknowledge that if our MattaSoft Computer Repair Technician
arrives at your Premises and such things are not provided, we may not be
able to provide you with services and you may be charged a cancellation fee.
4. We respect your privacy and the confidentiality of your information
When we provide you with services, sometimes access to, and incidental
copying of, your personal and confidential data is unavoidable. We respect
your privacy and the confidentiality of your information, and agree to
collect, use and disclose such information in accordance with these Terms
and the law.
For the avoidance of doubt, you retain all rights in your information and,
other than as permitted by these Terms, we will not use it without your
consent. We will keep all such information confidential and, other than as
permitted by these Terms, will not disclose it to any third party without
your prior written consent.
Permitted collection, use and disclosure
You agree that we may collect, use and disclose such information (including
personal information about you) in accordance with the terms of our privacy
policy, including:
- for all purposes associated with the provision of services
(including disclosure to third parties who referred you to us);
- the purpose of communicating with you about products and services
which we, our partners or affiliates may provide to you; and
- where we are required to disclose such information as a matter of
law (for example to law enforcement agencies).
When you provide your personal information to us, MattaSoft Computer
Repair will give you the choice as to whether or not you wish to receive
further information about special offers, promotions and changes to our
products and services. If you indicate that you do not wish to receive
these, we will not contact you further for these purposes. Please allow 28
days for your request to be processed.
If you do not indicate such a preference, you will be taken to have
consented to us contacting you to provide further information that may be of
interest to you relating to MattaSoft Computer Repair products and/or
services. This consent will be taken to apply until such time as you inform
us that you do not wish to be contacted further.
5. Service charges and payment
All payments for services must be by made by cheque, cash, credit card or
paypal at the time services are provided.
A cancellation fee may be payable if you cancel your service request and do
not give us at least 4 hours notice of such cancellation.
If we supply you with additional hardware and software you will be charged
for such software or hardware.
No Fix. No Fee. Guaranteed
MattaSoft Computer Repair's no fix no fee guarantee means that if we
cannot provide you with a solution to your problem, we will not charge you
for our services. In some cases, the solution may be that you need to
upgrade or replace your software or hardware.
If we advise you to do so and you choose not to upgrade or replace your
software or hardware, you acknowledge that we have met our commitment to you
by providing a solution to your problem, whether or not you choose to
implement that solution.
Service guarantee
If we cannot provide you with a solution to your problem, we will not charge
you for our services. In some cases, the solution may be that you need to
upgrade or replace your software or hardware. If we advise you to do so and
you choose not to upgrade or replace your software or hardware, you
acknowledge that we have met our commitment to you by providing you with a
solution to your problem, whether or not you choose to implement that
solution.
We also warrant our On-site Services for 30 days. If you notify us of a
problem with the services you were provided within the stated time period,
and our diagnosis of the problem indicates that our services were not
performed satisfactorily, we will work to provide a solution to your problem
quickly at no additional cost to you.
You acknowledge that computers are complicated and sometimes problems are
more deeply rooted or complicated than initially diagnosed. You also
acknowledge that the fact that a problem occurs with your computer within
the warranty period may be unrelated to the work we performed for you and is
therefore outside the scope of our services guarantee.
When we sell you equipment, hardware or software, we may resell such
equipment, hardware or software on behalf of a third party manufacturer or
licensor. If there is a problem with any equipment or hardware we provide
you, your remedy may rest with the manufacturer or licensor of such
equipment, hardware or software.
We do not warrant that the operation of any software we install or service
will be uninterrupted or error free. You acknowledge that software (and
information technology and communications products generally), including
your software, may have errors and may encounter unexpected problems, and
accordingly, you may experience downtime and errors in the use of software.
You also acknowledge that your use of such software may be subject to a
third party licence.
We also reserve the right to discontinue providing any or all services if,
in our reasonable opinion:
the minimum system requirements are not met or your technical needs
(including wiring or overcoming physical or technical barriers) or other
requirements are unusual or extensive and beyond the scope of our services;
- we consider that your equipment is beyond reasonable service repair;
- our MattaSoft Computer Repair Technician is concerned for his
or her safety; or
- any other factor or event beyond our reasonable control prevents us
providing services.
Our Liability to you
To the full extent permitted by law, and subject to our service guarantee
above, we expressly exclude all warranties, conditions, guarantee and
representations (whether express or implied) under statute, law, equity,
trade custom, prior dealings between you and us or otherwise in respect of
goods and/or services that may be provided by us to you under these Terms.
To the full extent permitted by law, our sole liability to you in respect of
the services we provide is limited to the amount of the fees and charges
paid by you to us under these Terms for the particular service the subject
of our liability.
Some warranties and guarantees are implied by law, and cannot be excluded by
us, except to a limited extent. To the extent we can limit such liability,
we limit our liability to (at our election):
- in the case of goods, at our election, to the cost of:
- replacement of the goods;
- supply of equivalent goods,;
- payment of the cost of replacing the goods or acquiring equivalent
goods; or
- the repair of the goods or payment of the cost of having the software
repaired.
- in the case of services supplied to you, at our election, to the
cost of:
- Supplying the services gain; or
- The payment of the cost of having the services supplied again,
Nothing in these Terms excludes or modifies any liability
either party may have to the other for fraud or deceit or for death or
personal injury caused by the negligence or the wilful misconduct of either
party.
To the full extent permitted by law, under no circumstances will we, any
related entities or any third party provider engaged by us be liable to you
or any other person for any direct, indirect, incidental, special or
consequential damages, expenses, costs, profits, lost savings or earnings,
lost or corrupted data, or other liability arising out of, or related to,
the services or goods provided by us or a third party service provider
engaged by us.
General
These Terms will be governed by and construed in accordance with the laws of
Victoria.
Page last updated: 01/01/08
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