This document sets out the terms and conditions upon which we will provide you Services and/or Products.
Depending on the address location we attend, your region / territory will determine which authorised Licensee provides service to you.
Please refer to your Job Sheet / Invoice to determine which legal entity is providing the Geeks on Wheels service to you.
By arranging a Call Out by one of our representatives, you agree to be bound by our Terms and Conditions.
1.1 In these Terms and Conditions:
“Call Centre Hours” means 8am to 6pm on any Working Day other than Saturday and 8.30am to 4pm on any Working Day that is a Saturday;
“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 $60.00 incl. for cancelling a Call Out other than in accordance with clause 2.2;
“Fees” means, for each Call Out, the applicable Minimum Call Out Fee plus the applicable Incremental Fee set out below plus any Product Fee:
Minimum Call Out Fee
Standard Call Out within the Region
$28.75 / quarter hour
Same day Call Out within the Region
$33.75 / quarter hour
Call Out outside the Region
$80.00 / half hour
Same day Call Out outside the Region
$90.00 / half hour
$22.50 / quarter hour
The Incremental Fee applies for each stated period after the first hour of the Call Out. The period of each Call Out within the Region will commence from the time we arrive at your premises. The period for each Call Out outside the Region includes our travel time. Minimum Call Out Fees outside Working Hours will apply where any of the first hour of the Call Out is outside Working Hours. Incremental Fees outside Working Hours will apply where any of the applicable period for that Incremental Fee is outside Working Hours;
“Information” has the meaning given to that term in clause 6.2;
“Products” means any hardware, software or other products provided by us;
“Product Fees” means the fees or cost quoted by us for any Product purchased by you;
“Region” means the region of operation as indicated on our website: www.geeksonwheels.co.nz;
“Services” means the on-site computer maintenance, support and/or consulting services reasonably requested by you and provided by us during a Call Out;
“Terms and Conditions” means these terms and conditions;
“we”, “us” or “our” means the company detailed above trading as Geeks on Wheels;
“Working Day” means any day other than a Sunday, a statutory public holiday in the Region or a Saturday in relation to which the previous Friday or following Monday is a statutory public holiday in the Region;
“Working Hours” means 8am to 8:30pm on any Working Day; and
“you” or “your” means the customer that requested the Call Out.
2. CALL OUTS
2.1 Where you arrange a Call Out, we will attend the premises for that Call Out at the arranged time.
2.2 To cancel a Call Out, you must advise one of our telephone operators before the end of the last Call Centre Hour on the previous Working Day. If you cancel a Call Out other than in accordance with this clause 2.2, you must pay a Cancellation Fee for that Call Out.
3.1 In consideration of the Fees, we will perform the Services in accordance with these Terms and Conditions.
3.2 At the beginning of the Call Out:
(a) we will try to diagnose any problem described by you; and
(b) we may provide an estimate of the time required to provide any Services.
However, we do not guarantee any diagnosis or estimate of time will be accurate.
3.3 The duration of the Call Out will be agreed 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.
3.4 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.
3.5 To enable us to undertake the Services:
(a) 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
(b) you, or some person over 16, must be present while we provide the Services.
3.6 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.
4.1 Where agreed with you, we will provide Products as part of a Call Out and subject to these Terms and Conditions.
4.2 You agree that risk in any Products supplied by us passes to you immediately upon supply.
4.3 Title to Products will remain with us, and will not pass to you, until you have paid Product Fees and other Fees associated with that Call Out in cleared funds.
5.1 We will invoice 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.
5.2 Any other amounts payable under these Terms and Conditions, including Cancellation Fees, will be payable immediately upon issuance of our invoice.
5.3 Payment must be made in cash or by cheque, EFTPOS, Visa, Mastercard or internet banking. Payment by cheque will incur an additional $5 processing fee which you must add to the total amount payable. If using internet banking, you must provide us a printed copy of the confirmation of payment printed from your internet banking screen at the completion of the Call Out.
5.4 If you do not pay on time, you must pay interest to us at the rate of 19% per annum from the due date until the date payment is received by us in full and you must pay any additional debt collection costs.
6. CONFIDENTIALITY and privacy
6.1 We will maintain as secret and 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. This obligation 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.
6.2 You authorise us to collect, retain, use and provide to our staff and agents any personal information (“Information”) about you for the purposes of credit approval, meeting our obligations to you, and enforcing our rights against you.
7.1 We warrant that we will use reasonable skill and care in undertaking the Services.
7.2 No warranty is given for the Products where any failure or defect results from:
(a) improper storage or handling of the Products by you, your employees, agents or customers;
(b) use, installation, modification or alteration (including repair) of the Products other than as recommended or authorised in writing by the manufacturer or us;
(c) fair wear and tear on the Products;
(d) failure to maintain the Products in accordance with any care or maintenance instructions provided by us or the manufacturer; or
(e) any other matter or event specified in relation to a specific Product as invalidating or being excluded from any warranty.
7.3 Your sole remedy in relation to the breach of any warranty under this agreement or at law, in relation to any:
(a) Service, will be for us to re-perform such Services to the required standard; or
(b) Product, will be for us to repair or replace such Product, at our option, provided that if neither option is available to us (as determined solely by us) we may refund the price paid for that Product.
7.4 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.
7.5 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.
7.6 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.
7.7 You warrant that you are authorised to arrange 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.
8.1 In no event will we be liable (whether in contract, tort or negligence) to you for:
(a) loss of profits or savings, loss of goodwill or opportunity, loss or corruption of data, or wasted staff time; or
(b) loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from any Services or Products supplied by us to you, even if we had been advised of the possibility of such loss, damage, cost or expense.
8.2 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.
8.3 You indemnify us against any and all liability, losses, damages, costs and expenses of any nature whatsoever awarded against, incurred or suffered by us, whether direct or consequential, arising out of or resulting from your breach of clause 7.7.
9.1 We may immediately terminate the agreement between us if we consider:
(a) you are in breach of these Terms and Conditions;
(b) there is any threat to the safety of any of our staff or agents;
(c) there to be the presence of unlicensed or illegal software;
(d) your equipment contains any pornographic, obscene, offensive or illegal content; or
(e) you are insolvent, bankrupt, in liquidation, unable to pay your debts, or otherwise an unacceptable credit risk to us.
9.2 If we terminate our agreement we will cease to undertake the Services and all Fees incurred up to that time will immediately become payable.
10.1 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.
10.2 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.geeksonwheels.co.nz
10.3 These Terms and Conditions and any ordering document we may provide you contain the whole of the contract and understanding between you and us relating to the matters covered by these Terms and Conditions.
10.4 New Zealand law governs the formation, validity, construction and performance of these Terms and Conditions.