TERMS & CONDITIONS - 4U Computer Solutions

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ABOUT US
Terms and Conditions of Service

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  4U Enterprises Ltd t/a 4U Computer Solutions and its related companies,  its employees, contractors or agents.
Our website is located at  www.4ucs.net

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 4U Enterprises Ltd t/a 4U Computer  Solutions 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 4U  Enterprises Ltd t/a 4U Computer Solutions   
  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 4U Enterprises Ltd t/a 4U Computer Solutions  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 4U Enterprises Ltd t/a 4U Computer Solutions 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 4U Enterprises Ltd t/a 4U Computer Solutions  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, 4U Enterprises Ltd t/a 4U Computer Solutions 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 4U Enterprises Ltd t/a 4U Computer  Solutions 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 eftpos, cash, credit card or automatic payment at  the time services are provided, unless altnerative arrangements have been  made with us. .A 2.75% Credit Card surcharge will apply for all payments made my  Credit Card.
Interest on overdue invoices shall accrue from the date when  payment becomes due daily until the date of payment at a rate of 2.25%  per calendar month and shall accrue at such a rate after as well as  before any judgement. You will indemnify us in the case of non-payment for  all costs we incur in respect of collecting payment, including all debt  collection, legal fees on solicitor client basis and filing fees etc.
All  repaired goods not collected within 30 days after notification that work is  complete will be sold to recover costs occurred.
Invoices are payable  within 14 days of the date of the invoice, unless alternative arrangements have  been made with us..
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.
After Hours - Service requests outside of normal working hours (Monday to Friday, 8:30am to 5:00pm) will be charged a Call out fee of $200.00 exclusive GST and the hourly rate is loaded by a factor of 1.5.


Service guarantee

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 4U Enterprises Ltd t/a 4U  Computer Solutions Engineer 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 New  Zealand.
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