Terms & Conditions for Melbourne West IT Solutions Services

0Effective Date: 15/11/2024

These Terms and Conditions (“Terms”) govern the services provided by Melbourne West IT Solutions (“we,” “us,” “our”) to you (“Client,” “you,” “your”). By engaging our services, you agree to these Terms.

1. Definitions and Scope

1.1. “Services” refer to IT support, computer repairs, cybersecurity solutions, networking, and related services provided by Melbourne West IT Solutions.
1.2. “Client” refers to the individual, business, or entity engaging our services.
1.3. These Terms apply to all services, including on-site and remote support.
1.4. “Agreement” refers to the understanding formed when a service is booked, confirmed, and delivered in accordance with these Terms.

2. Service Provision

2.1. Services are provided during the following Business Hours:

• Monday to Friday: 7:00 AM to 9:00 PM
• Excluding Public Holidays
  2.2. On-site services are available for all suburbs in Melbourne’s western side, based on a zoned travel system:
• Zone 1: Areas within 20 km of Melton.
• Zone 2: Areas outside Zone 1 but within Melbourne’s western suburbs.
• Additional travel fees may apply for locations beyond Zone 2 and will be disclosed at the time of booking.

3. Pricing and Travel Fees

3.1. Service charges are as follows:

• Zone 1 (within 20 km of Melton): $85 AUD for the first hour.
• Zone 2 (outside Zone 1): $110 AUD for the first hour.
• Remote Support: $65 AUD for the first hour.
• Additional Hours (for all zones and remote support): $35 AUD per half hour after the first hour.
  3.2. Travel fees beyond Zone 2 will be communicated and agreed upon prior to service.
  3.3. Payments are due immediately upon completion of the service unless otherwise agreed in writing.
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4. No Fix, No Fee Guarantee

4.1. The “No Fix, No Fee Guarantee” applies if we are unable to resolve your issue or provide a viable alternative solution.
4.2. This guarantee does not apply if:

• The issue is caused by third-party limitations, such as manufacturer restrictions or proprietary software/hardware issues.
• The Client provides incomplete or incorrect information about the issue.
• The Client declines solutions that require additional parts, upgrades, or replacements.
  4.3. Diagnostic fees, if applicable, may still apply unless explicitly waived.

5. Follow-Up Assurance

5.1. If an issue persists after our initial service, we will return for one (1) additional visit at no cost.
5.2. This assurance is subject to:

• The follow-up request being made within seven (7) days of the initial service.
• The system or device remaining unaltered, untampered with, and used appropriately.
  5.3. This assurance applies only to the original issue addressed and does not extend to new problems or hardware failures.

6. Cancellations and Rescheduling

6.1. Cancellations or rescheduling requests must be made at least 24 hours before the scheduled appointment.
6.2. Late cancellations may incur a $20 AUD fee.
6.3. No-shows or missed appointments will incur a $20 AUD fee.

7. Client Responsibilities

7.1. The Client is responsible for:

• Providing accurate information about the issue.
• Ensuring safe and unobstructed access to the equipment or systems.
• Backing up all data before service begins.
  7.2. We are not liable for delays or additional costs resulting from incomplete information, unsafe conditions, or inaccessible systems.

8. Data Responsibility and Liability

8.1. The Client is solely responsible for backing up important data prior to service.
8.2. Melbourne West IT Solutions will take reasonable precautions to safeguard your data but is not liable for any loss, alteration, or corruption unless caused by gross negligence.

9. Service Limitations

9.1. Services are limited to resolving the issues described during booking.
9.2. New or additional problems identified during service may require separate approval and incur additional charges.

10. Warranty and Exclusions

10.1. Replacement parts, if required, will carry the manufacturer’s warranty. Melbourne West IT Solutions does not provide additional warranties on hardware, software, or services.
10.2. Services do not include:

• Resolving manufacturer-imposed limitations or proprietary system issues.
• Providing hardware or software replacements unless explicitly agreed upon.
• Training or guidance beyond the scope of the service booked.

11. Right to Refuse Service

11.1. We reserve the right to refuse or terminate service if:

• The environment is unsafe or unsuitable.
• The Client fails to comply with these Terms.
• Tampering, misuse, or malicious activity is suspected.

12. Collection Fee

12.1. In the event of unpaid balances:

• Melbourne West IT Solutions reserves the right to charge a collection fee of $100 AUD for costs associated with pursuing overdue payments.
• Interest on overdue balances may accrue at a rate of 2.5% per week from the due date until payment is received.
• Additional legal and administrative fees incurred in the collection process may also be added to the outstanding balance.

13. Non-Solicitation

13.1. The Client agrees not to solicit or employ any employees, contractors, or technicians of Melbourne West IT Solutions for direct engagements outside of the agreed-upon services for 12 months following the completion of service.

14. Feedback and Testimonials

14.1. By providing feedback or testimonials, the Client grants Melbourne West IT Solutions permission to use comments in marketing materials, excluding identifying details unless explicitly agreed upon.

15. Ownership of Intellectual Property

15.1. Any scripts, custom software, or tools developed during service by Melbourne West IT Solutions remain the intellectual property of the company unless explicitly transferred to the Client in writing.

16. Equipment Left On-Site

16.1. Any tools or equipment belonging to Melbourne West IT Solutions that are left on-site during service remain the property of the company and must be returned upon request.
16.2. Failure to return equipment may result in additional fees or legal action to recover the property.

17. Privacy and Data Security

17.1. We comply with the Privacy Act 1988 (Cth) and handle your information in accordance with our Privacy Policy.
17.2. All data and information provided during service will remain confidential and used solely for service purposes.

18. Governing Law and Dispute Resolution

18.1. These Terms are governed by the laws of Victoria, Australia.
18.2. In the event of a dispute, both parties agree to resolve the matter through mediation before pursuing legal action.

19. Force Majeure

19.1. Melbourne West IT Solutions is not liable for delays or non-performance caused by events beyond our reasonable control, including natural disasters, pandemics, cyberattacks, and other force majeure events.

20. Changes to Terms and Conditions

20.1. Melbourne West IT Solutions reserves the right to update these Terms at any time. Updates will take effect immediately upon posting on our website. Continued use of our services constitutes acceptance of the updated Terms.

22. Minimum Service Duration

22.1. For on-site services, a minimum duration of one (1) hour applies.
22.2. After the first hour, charges will be calculated in 30-minute increments as outlined in Section 3.

23. Service Completion and Client Acknowledgment

23.1. Upon completion of the service, the Client will be required to sign an acknowledgment form or provide verbal/written confirmation that the service has been delivered satisfactorily.
23.2. Any disputes regarding service quality or completeness must be raised within seven (7) days of service completion.

23.3 If a client refuses to acknowledge completion of service, Melbourne West IT Solutions reserves the right to consider the service completed based on technician records and charge accordingly.

24. On-Site Service Obligations

24.1. The Client agrees to provide:

• A safe and accessible workspace for on-site technicians.
• Access to the necessary equipment, systems, and credentials to complete the requested service.
  24.2. Failure to provide adequate access or a safe workspace may result in rescheduling and additional charges.

25. Limitations of Remote Support

25.1. Remote support is limited to resolving issues that can be addressed without physical access to hardware or systems.
25.2. If remote support is unable to resolve the issue, on-site service may be recommended at additional cost.

26. Manufacturer and Third-Party Limitations

26.1. Melbourne West IT Solutions is not liable for delays or service failures caused by manufacturer limitations, software bugs, or unresolved third-party issues.
26.2. Recommendations for hardware or software upgrades will be provided where applicable, but implementation will require Client approval and may incur additional costs.

27. Disclaimer of Guarantees for Certain Outcomes

27.1. Melbourne West IT Solutions will use best efforts to resolve your issue; however, we cannot guarantee:

• Recovery of all data in cases of hardware failure or severe corruption.
• Compatibility of new software or hardware with legacy systems unless previously specified.
• Resolution of issues caused by external factors such as network outages or third-party service interruptions.

28. Referral Program (if applicable)

28.1. Clients may be eligible for discounts or other benefits when referring new customers to Melbourne West IT Solutions.
28.2. Referral benefits are subject to verification of the new customer’s engagement and payment for services.

29. Termination of Services by Client or Provider

29.1. Either party may terminate the service agreement at any time before service commencement with written notice.
29.2. If the service is terminated after commencement, the Client will be charged for the time and resources expended up to the point of termination.

30. Limitations of Liability Regarding Security Services

30.1. While Melbourne West IT Solutions offers cybersecurity services to reduce risks, no security solution can guarantee complete protection against all threats.
30.2. The Client acknowledges that cybersecurity services provided are intended to mitigate, not eliminate, risks of data breaches, hacks, or unauthorized access.

32. Service Availability

32.1. Melbourne West IT Solutions strives to provide prompt service but reserves the right to reschedule appointments due to technician availability, unforeseen circumstances, or emergencies.
32.2. In such cases, the Client will be notified at the earliest opportunity.

34. Non-Disparagement

34.1. The Client agrees not to publicly disparage or defame Melbourne West IT Solutions, its employees, or services. Breach of this clause may result in legal action, with Melbourne West IT Solutions entitled to seek damages for reputational harm.
34.2. Concerns or complaints must be raised directly with Melbourne West IT Solutions to allow for resolution before any public statements are made.

35. Technological Limitations and Recommendations

35.1. The Client acknowledges that older hardware and software may not support newer systems, services, or updates.
35.2. Melbourne West IT Solutions will provide recommendations where upgrades or replacements are necessary, but implementation is at the Client’s discretion and cost.
35.3. Compatibility issues arising from unsupported or outdated technology are not covered under the “No Fix, No Fee” Guarantee.

36. Confidentiality

36.1. Melbourne West IT Solutions agrees to keep all Client data and information confidential for a minimum period of 12 months, except where disclosure is required by law or with the Client’s consent.
36.2. Clients agree not to disclose proprietary information about Melbourne West IT Solutions’ pricing, practices, or tools to third parties.

37. Security Risks Acknowledgment

37.1. The Client acknowledges that no system or service can guarantee complete immunity from cybersecurity threats or breaches.
37.2. Melbourne West IT Solutions is not liable for any damages resulting from pre-existing vulnerabilities, external attacks, or new security threats arising after service completion. Clients are responsible for ongoing cybersecurity maintenance.

38. Age Requirement for Services

38.1. Clients must be at least 18 years old to engage services.
38.2. If acting on behalf of a minor or dependent, the Client assumes full responsibility for the terms of the Agreement.

39. Limitations of Emergency Services

39.1. Emergency services may be subject to technician availability and are not guaranteed outside of standard Business Hours unless agreed upon in writing.
39.2. Additional fees may apply for after-hours emergency services, disclosed at the time of booking.

40. Equipment Disposal

40.1. For Clients requesting disposal of old equipment, Melbourne West IT Solutions will follow environmentally responsible practices in compliance with local regulations.
40.2. The Client releases Melbourne West IT Solutions from liability once equipment is collected for disposal.

41. Escalation Process for Disputes

41.1. In the event of dissatisfaction with service, the Client agrees to follow this dispute resolution process:

• Raise the issue directly with Melbourne West IT Solutions via email or phone within seven (7) days of service completion.
• Allow a response time of up to five (5) Business Days for resolution.
• If unresolved, engage in mediation before pursuing legal action.

42. Retainer or Subscription Services (if applicable)

42.1. Retainer or subscription-based services are billed in advance. Unused hours or services do not roll over unless explicitly stated.
42.2. Termination of retainer or subscription agreements requires 30 days’ written notice, unless otherwise specified.

43. Additional Travel Beyond Zone 2

43.1. For locations beyond Zone 2, additional travel fees will be calculated based on distance from Zone 2 boundaries and disclosed prior to booking.
43.2. Melbourne West IT Solutions reserves the right to decline service requests for excessively distant locations.

44. Repeated Cancellations or No-Shows

44.1. Clients who repeatedly cancel appointments or fail to show up may be required to prepay for future services.
44.2. Melbourne West IT Solutions reserves the right to refuse service after three (3) repeated cancellations or no-shows within a six-month period.

45. Software Licensing

45.1. Clients must provide proof of valid software licenses for installations or upgrades.
45.2. Melbourne West IT Solutions is not responsible for issues arising from unlicensed or pirated software provided by the Client.

47. Marketing Consent

47.1. By engaging Melbourne West IT Solutions, the Client consents to being contacted for feedback or special offers unless they opt out in writing.
47.2. Melbourne West IT Solutions will not share Client information with third parties for marketing purposes.

48. Additional Charges for Difficult Access

48.1. If service requires accessing difficult or unsafe areas (e.g., crawl spaces, attics), additional charges may apply and will be disclosed before proceeding.
48.2. Melbourne West IT Solutions reserves the right to decline service if the environment is deemed hazardous.

49. Payment Terms & Chargebacks

49. 1 Failure to make payment within seven (7) days of the due date will result in suspension of ongoing or future services until the outstanding balance is settled.

49.2 Repeat late payments may result in the requirement for prepayment of future services.

49.3 Unauthorized chargebacks will be considered a breach of contract, and the Client agrees to cover all legal and administrative costs associated with disputing such chargebacks.

49. Warranty Limitations on Repairs

Repair services are warrantied for a period of fourteen (14) days from the completion date. This warranty covers only the original issue serviced and does not apply if new software, hardware modifications, or external factors (such as power surges) impact functionality

50. Remote Support Charges

50.1 Remote support sessions have a minimum charge of one (1) hour, billed in 30-minute increments thereafter. Remote support fees are non-refundable once service has commenced.

50.2 Clients acknowledge that even brief sessions are subject to the minimum charge.

51. Unauthorized Software & Compliance

51.1 Melbourne West IT Solutions will not install, support, or troubleshoot unlicensed, pirated, or unauthorized software.

51.2 Clients are responsible for ensuring that they have the necessary legal rights to use all software provided for installation or configuration.

52. Non-Refundable Deposits for Large Jobs

52.1 For large-scale projects exceeding $500 AUD, a non-refundable deposit of 25% is required to secure the booking. A ‘large-scale project’ includes any service requiring extended technician hours, custom configurations, or specialized software setups

52.2 If the Client cancels the project after commencement, the deposit will be retained to cover preparatory work and administrative costs.

53.Termination of Service Without Refunds

If a client terminates service after commencement, fees for work completed up to the point of termination will remain due and non-refundable. If substantial work has been completed, Melbourne West IT Solutions reserves the right to charge up to 100% of the agreed service fee.

54.Emergency Services & Pricing

Emergency services requested outside of standard business hours will incur a 50% surcharge on standard rates, subject to technician availability. Emergency services include critical system failures, major security breaches, or urgent business disruptions requiring immediate response

55.Rescheduling Due to Unforeseen Circumstances

55.1 Melbourne West IT Solutions reserves the right to reschedule appointments due to unforeseen circumstances, including emergencies, illness, or equipment failures. Rescheduling by Melbourne West IT Solutions does not entitle the Client to a refund unless otherwise agreed in writing.

55.2 In such cases, Clients will be offered the next available appointment slot.