|
1.0
Definitions
In these terms and conditions (where not inconsistent
with the context):
"Conditions" means these Terms and Conditions;
"Customer" means a person, firm or corporation,
jointly and severally if there is more than one, acquiring goods or services
from HELPNOW!;
"goods" means goods supplied by HELPNOW! to the Customer;
"services" means services supplied by HELPNOW! to the Customer; and
"HELPNOW!" means HELPNOW! (ABN 58665145804).
“Party” and “Parties” means severally and not jointly
HELPNOW! and/or the Customer as the context
requires,
2.0 Basis of Contract
2.1 Unless otherwise agreed by HELPNOW! in writing, these Conditions apply exclusively to every
contract for the sale of goods or services by HELPNOW! to the Customer and cannot be varied or supplanted by any
other conditions without the prior written consent of HELPNOW!
3.0 HELPNOW! Warranties
3.1 If HELPNOW! is unable to
find the cause of any hardware or software problem, or is unable to resolve
the problems, then no charge will apply to the customer. HELPNOW! does not warrant that it will be able to fix all problems
encountered.
3.2 Goods and services supplied shall be free from
defects in materials and workmanship for a period of 10 days from the date of
supply and installation.
3.3 Nothing in this clause will be construed as a warranty
or condition that the operation of the software will be uninterrupted or
error free. The customer understands and accepts that information
technology products, including the customer’s software, may have errors and
may experience unexpected problems, and accordingly customer may experience
downtime and errors in the use of the software. The customer will put in
place reasonable internal procedures and processes to enable it to minimise any inconvenience and any adverse financial
impact of any such downtime or error. HELPNOW! and/or
its third party service provider shall not be responsible at any time for any
loss, alteration or corruption of any such software, data or
files.
4.0 Customer’s Responsibilities
4.1 The Customer shall as a fundamental term of these
Conditions back up all software and data that is stored on its computer's
hard disk drive(s) and/or on any other storage devices it may have prior to
the arrival of the HELPNOW! technician. HELPNOW! and/or its third
party service provider shall not be responsible at any time for any loss,
alteration or corruption of any such software, data or files.
5.0 Risk and Insurance
5.1 The risk in the goods and all insurance responsibility for
theft, damage or otherwise in respect of the goods will pass to the Customer
immediately upon delivery of the goods to the premises nominated by the
Customer.
6.0 April 2007 Special
6.1 The April 2007 special advertised consists of a one
off saving of $20 (ex GST) per customer and is valid for the month of April
2007 only. $20 (ex GST) is the normal call out fee.
7.0 No representation or reliance
7.1 The Customer acknowledges that neither HELPNOW! nor any person acting on behalf of HELPNOW! has made any representation or other inducement to it to
enter into these Conditions, except for representations or inducements
expressly set out in these Conditions.
7.2 The Customer acknowledges and confirms that it
does not enter into these Conditions in reliance on any representation or other
inducement by or on behalf of HELPNOW!, except for
representations or inducements expressly set out in these
Conditions.
8.0 Entire Agreement
8.1 To the extent permitted by law, in relation to
its subject matter, these Conditions:
8.1.1 embody and constitute the entire legal and
contractual relationship of the Parties, including the entire terms agreed by
the Parties; and
8.1.2 supersede, replace and terminate by mutual
consent any prior written or oral representations, negotiations, understandings,
agreements or contracts between the Parties.
9.0 Governing law
9.1 This Agreement is governed by and must be
construed according to the law applying in New South Wales.
The Parties hereby irrevocably submit to the exclusive jurisdiction of the
courts of New
South Wales.
|