Geeks on Wheels ("GOW") provides mobile on-site computer maintenance, support and consulting services ("the services"). The services are provided to the Customer subject to the following Terms and Conditions of Service. The Customer agrees that by signing this invoice the Customer agrees to the Terms and Conditions of Service set out herein.
1. GOW will attend the Customer's premises at the pre-arranged time.
The Customer will pay for the services provided, at the following rates:
Within the Wellington Region:
Call-out (including the first hour's attendance) - $99.00 inc. GST
For each subsequent half hour or part there-of - $49.50 inc. GST
Outside the Wellington Region (including travel):
Call out (including the first hour's attendance) - $140.00 inc. GST
For each subsequent hour or part there-of - $140.00 inc. GST
2. GOW's normal working hours are Monday-Saturday, 8am - 6pm. Any time incurred outside these hours will be charged at $150 per hour inc. GST (for Call-out and any subsequent hour or part there-of) within the Kapiti Region and $180 per hour inc. GST (for Call-out) and any subsequent hour or part there-off) outside the Kapiti Region. The Customer shall remain at the Customer's home or premises while GOW is in attendance.
3. Cancellation of any appointment must be advised to GOW no later than 5pm on the working day prior to the day of the appointment. GOW reserves the right to invoice any Customer where cancellation occurs at any time on the day of the appointment.
4. The Customer will pay GOW the amount stated on the GOW invoice at the time GOW attends the Customer's premises. GOW will attend the Customer's premises for the period agreed by the Customer prior to or at the commencement of the appointment. GOW will endeavour to diagnose and/or remedy the problem(s) described by the Customer at the commencement of the appointment. If the problem(s) has not been remedied at the end of the first hour of GOW's attendance, GOW will discuss with the Customer the options available. The Customer may ask GOW to continue working on the problem(s) or make a further appointment. The Customer may terminate the appointment at any time. On termination the Customer will pay GOW the Call-out fee plus the amount incurred in respect of any additional time, if any, beyond the first hour's attendance. Payment is to be made in cash or by cheque, EFTPOS, Visa, MasterCard or American Express. In the event of non-payment, default or dishonoured cheque GOW will charge interest at the rate of 19 percent per annum from the date of the invoice up to and including the date payment is made in full.
5. GOW accepts no liability in respect of any problem(s) it may not remedy due to any matter beyond its control including but not limited to the age, specification or condition of the Customer's hardware or software, Customer's failure to provide appropriate software discs, drivers or product serial numbers or any fault with the Customer's Internet Service Provider.
6. The Customer hereby confirms that a full back-up of the Customer's hard-drive has been made prior to GOW commencing the services and that there is no legal restriction or impediment to GOW providing services to the Customer.
7. Under no circumstances shall GOW be liable either in contract, tort or otherwise, to the Customer, its employees, agents, or any third party, for any injury or damages, including without limitation, any direct, indirect, special or consequential damages, expenses, costs, profits, lost savings or earnings, interruption to business activity, lost or corrupted data, or other liability arising out of, or related to the services provided by GOW or out of the installation, deinstallation, use of, or inability to use the Customer's computer equipment, hardware, software or peripherals. The Customer will, upon demand, indemnify GOW in respect of any loss, damage or injury arising from the provision of the services. For the avoidance of doubt GOW has no liability for Customer data lost or damage incurred in any circumstances whatsoever.
8. GOW will maintain the confidentiality of the Customer's files and/or data and undertakes not to provide any Customer information to any third party save in the event it is lawfully required to do so. GOW reserves the right to refuse the provision of services for any reason including but not limited to circumstances such as the presence of unlicensed or illegal software or material or material of an obscene or pornographic nature on a Customer's computer. If for such reason GOW terminates the services the Customer shall be liable for and pay to GOW, at that time, the charges incurred in respect of time spent, in accordance with clause 3 above.
9. GOW may make recommendations to the Customer or the Customer may request that a product be provided by GOW in order that GOW can perform the services. All expressed or implied warranties, description, representations and conditions as to fitness or suitability for any purpose in respect of the services, including in respect of any product, including but not limited to any item of software, hardware or peripheral provided by GOW, are expressly excluded. For the avoidance of doubt, GOW has no liability as to the suitability for the performance of the services, of any product manufactured, sold or supplied by any third party, whether or not that product has been recommended to the Customer by GOW. Any hardware, software or equipment provided to the Customer shall remain the property of GOW until full payment is received.
10. All hardware and goods supplied by GOW are covered under the manufacturer’s standard warranty only. Please refer to the manufacturer for details. All work carried out by GOW to service such hardware under warranty will be charged to the Customer at GOW’s normal rates.
11. In the event of any dissatisfaction with the service provided by GOW, the Customer should immediately contact GOW on (04) 920 0990. GOW will make an appointment for a return visit by the Technician. The Technician will endeavour to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of GOW, the Customer shall pay for the additional time incurred at GOW's normal rates. If the problem arose directly as a result of GOW?s previous attendance no further charge shall be made.
GOW reserves the right to change these terms and conditions of service from time to time without notice.