This document sets out the terms and conditions upon which Seaview Enterprises Limited, trading as Geeks on Wheels, will provide you Services and\/or Products.<\/p>\n\n\n\n
By using any of our services and\/or products, you agree to be bound by these Terms and Conditions.<\/p>\n\n\n\n
1.1<\/strong> In these Terms and Conditions:<\/p>\n\n\n\n \u201cCall Centre Hours\u201d<\/span><\/b>\u202fmeans 8am to 6pm on any Working Day other than Saturday and 8.30am to 4pm on any Working Day that is a Saturday; <\/span> <\/span><\/p>\n\n\n\n \u201cCancellation Fee\u201d<\/span><\/b>\u202fmeans a fee of $60.00 inc GST for cancelling an On-site Visit other than in accordance with clause 2.2; and which is intended to recompense us for our reasonable costs incurred in responding to your On-site Visit which you have not cancelled in reasonably adequate time. <\/span><\/p>\n\n\n\n \u201cFees\u201d<\/span><\/b>\u202fmeans, for each <\/span>On-site Visit<\/span>, the applicable Minimum Fee<\/span>s<\/span> plus the applicable Incremental Fee set out below plus any Product Fee:<\/span> <\/span><\/p>\n\n\n\n *The Incremental Fee applies for each stated period after the first hour of the On-site Visit. The period of each On-site Visit will commence from the time we arrive at your premises. Each On-site Visit outside the Region will incur a travel charge of $4\/km for travel past the boundary of the Region we service;<\/span> <\/span><\/p>\n\n\n\n \u201cInformation\u201d<\/strong> has the meaning given to that term in clause 6.2;<\/p>\n\n\n\n \u201cOn-site Visit\u201d\u202f<\/span><\/b>means a single on-site visit made by us for the purpose of providing Services and\/or Products;<\/span> <\/span><\/p>\n\n\n\n \u201cNo Show Fee\u201d\u202f<\/span><\/b>means a fee of $162.00 inc GST for non-attendance by the customer at an On-site Visit which results in our technician not being able to execute the On-site Visit as booked<\/span>.<\/span><\/b> <\/span><\/p>\n\n\n\n \u201cProducts\u201d<\/strong> means any hardware, software or other products provided by us and for clarification, it is important to note clause 5.8 of these Terms and Conditions relating to the purchase of software;<\/p>\n\n\n\n \u201cProduct Fees\u201d<\/strong> means the fees or cost quoted by us for any Product purchased by you;<\/p>\n\n\n\n \u201cRegion\u201d<\/strong> means the region of operation as indicated on our website: www.geeksonwheels.co.nz;<\/p>\n\n\n\n \u201cServices\u201d<\/strong> means the on-site computer maintenance, support and\/or consulting services reasonably requested by you and provided by us during an On-site <\/span>Visit<\/span><\/span>;<\/span><\/span> <\/span><\/strong><\/p>\n\n\n\n \u201cTerms and Conditions\u201d<\/strong> means these terms and conditions;<\/p>\n\n\n\n \u201cwe\u201d, \u201cus\u201d<\/strong> or \u201cour\u201d<\/strong> means the company detailed above trading as Geeks on Wheels;<\/p>\n\n\n\n \u201cWorking Day\u201d<\/strong> 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;<\/p>\n\n\n\n \u201cWorking Hours\u201d<\/strong> means 8am to 8:30pm on any Working Day; and<\/p>\n\n\n\n \u201cyou\u201d<\/strong> or \u201cyour\u201d<\/strong> means the customer its agent and employees or any person acting on behalf of and with the authority of the customer that requested the Call Out.<\/p>\n\n\n\n 2.1<\/span><\/b>\u202fWhere you arrange <\/span>an On-site Visit<\/span>, we will attend the premises for that <\/span>On-site Visit during <\/span>the arranged time <\/span>bracket<\/span>.<\/span> <\/span><\/p>\n\n\n\n 2.2<\/span><\/b>\u202fTo cancel or stop <\/span>an On-site Visit<\/span>, 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 <\/span>an On-site Visit <\/span>other than in accordance with this clause 2.2, you must pay a Cancellation Fee for that <\/span>On-site Visit<\/span>. If you fail to cancel <\/span>an On-site Visit <\/span>and you do not attend <\/span>the On-site Visit during <\/span>the arranged time <\/span>bracket<\/span> and location you must pay a No Show Fee for the <\/span>On-site Visit<\/span>.<\/span> <\/span><\/p>\n\n\n\n 3.1<\/strong> In consideration of the Fees, we will perform the Services in accordance with these Terms and Conditions.<\/p>\n\n\n\n 3.2<\/strong> At the beginning of the On-site Visit:<\/p>\n\n\n\n (a) we will try to diagnose any problem described by you; and<\/p>\n\n\n\n (b) we may provide an estimate of the time required to provide any Services.<\/p>\n\n\n\n However, we do not guarantee any diagnosis or estimate of time will be accurate.<\/p>\n\n\n\n 3.3<\/span><\/b>\u202fThe duration of the <\/span>On-site Visit <\/span>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 <\/span>On-site Visit<\/span>, arranging another <\/span>On-site Visit <\/span>or abandoning the Services. You may stop <\/span>an On-site Visit <\/span>at any time subject to clause 2.2.<\/span> <\/span><\/p>\n\n\n\n 3.4<\/span><\/b>\u202fRegardless of clauses 3.2 or 3.3, once <\/span>an On-site Visit <\/span>commences, you must pay the Fees for that <\/span>On-site Visit<\/span>, including the Minimum <\/span>Callout and On-site Visit <\/span>Fee.<\/span> <\/span><\/p>\n\n\n\n 3.5<\/strong> To enable us to undertake the Services:<\/p>\n\n\n\n (a) you must provide us with all information, assistance, co-operation and access to premises and equipment that we may reasonably require to undertake the Services; and<\/p>\n\n\n\n (b) you, or some person over 16 yrs, must be present while we provide the Services.<\/p>\n\n\n\n 3.6<\/strong> We will use reasonable endeavours to achieve the objectives of the Services but we provide no guarantee, express or implied that the objective will be achieved and we will not be liable for any failure to meet the objectives provided we have used our reasonable endeavours.<\/p>\n\n\n\n 4.1<\/strong> Where agreed with you, we will provide Products as part of a<\/span>n<\/span> On-site Visit<\/span> and subject to these Terms and Conditions.<\/p>\n\n\n\n 4.2<\/strong> Ownership of products remains with us until payment is made in full from cleared funds for the Products.<\/p>\n\n\n\n 4.3<\/strong> We supply the Products to you on condition that we have a purchase money security interest (as defined by the Personal Property Security Act 1999) in the Products.<\/p>\n\n\n\n 4.4<\/strong> If you fail to make payment in whole or part for the Products you have ordered, we may re-possess and re-sell or retain the Products and may for that purpose enter upon your premises or any other premises upon which the Products are situated at any time and without notice and without being in any way liable to you or any other person or entity.<\/p>\n\n\n\n 4.5<\/strong> The risk of any loss or damage to any of the Products sold, or deterioration of the Products, due to any cause whatsoever shall pass to you upon delivery of the Products. If the Products remain in our possession owing only to the failure by you to accept the Products at your request, such Products shall be at your risk.<\/p>\n\n\n\n 5.1<\/span><\/span><\/strong>\u202f We will invoice the Fees for each <\/span><\/span>On-site Visit <\/span><\/span>at the end of the <\/span><\/span>On-site <\/span>Visit<\/span> <\/span>and you must pay those Fees to us at the end of the <\/span><\/span>On-site Visit <\/span><\/span>(\u201cthe Due Date\u201d).<\/span><\/span> <\/span><\/p>\n\n\n\n 5.2<\/strong> Any other amounts payable under these Terms and Conditions, including Cancellation Fees, will be payable immediately upon issuance of our invoice.<\/p>\n\n\n\n 5.3<\/strong> Depending upon whether any further services or work may be required to be carried out by us following out diagnosis of the problem described by you or any Products you may order to be supplied to you, we may require a deposit to be paid by you on account of any additional service cost we may reasonably incur or on account of the Product Fees.<\/p>\n\n\n\n 5.4<\/strong> Payment must be made in cash, EFTPOS, approved credit card or internet banking. 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 On-site Visit<\/span><\/span>.<\/p>\n\n\n\n 5.5<\/strong> If you do not pay on time, you must pay interest to us at the rate of 25% per annum from the Due Date until the date payment is received by us in full and you must pay any additional administration and debt collection costs (including legal costs).<\/p>\n\n\n\n 5.6<\/strong> If your account is in default, we may cease work on any matter for you until the default is remedied.<\/p>\n\n\n\n 5.7<\/strong> Without prejudice to any other right or remedy we may have against you, if you fail to make payment of any monies due to us on the Due Date in respect of any work or installation we may have carried out on your computer while in our possession, you accept that we may at our discretion retain a worker\u2019s lien over your computer which we have worked on, pursuant to the provisions of the Wages Protection and Contractors Liens Repeal Act 1987 until payment is made by you.<\/p>\n\n\n\n 5.8<\/strong> You acknowledge and agree that if you have ordered Products comprising software by electronic delivery and that software has been installed by us and the software licence is activated either on your computer or a computer you have agree to purchase, then it is not reasonably practicable to remove the software installation or de-activate the software. In that event and for that reason once you have ordered the software with the instruction to proceed with installation, you agree that you shall be committed to that purchase of the software and subject to these Terms and conditions and the software cannot be returned unless we agree otherwise pursuant to a specific individual agreement made with you by us at our discretion, within seven days of invoice.<\/p>\n\n\n\n 5.9<\/strong> Once you have confirmed your order with us for the supply of any Products, then unless we are unable to supply such Products upon the terms specified, you will be committed to the purchase of those Products and have no right of cancellation or refund of monies paid but subject at all times to these Terms and Conditions and your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, if applicable, unless we agree otherwise pursuant to a specific individual agreement made with you by us at our discretion, within seven days of invoice. We reserve the right in any such specific individual agreement to claim recovery of the reasonable administration and other cost we have incurred.<\/p>\n\n\n\n 6.1<\/strong> 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.<\/p>\n\n\n\nAll prices are inclusive of GST<\/td> Minimum Fees<\/td> Incremental Fee*<\/td><\/tr> Callout Fee for ALL On-site Visits<\/td> $35.00<\/td> <\/td><\/tr> Minimum On-site Rate of 1 Hour – within the Region – Home Users<\/td> $162.00<\/td> $40.50 \/quarter hour<\/td><\/tr> Minimum On-site Rate of 1 Hour – within the Region – Business Users<\/td> $162.00<\/td> $40.50 \/quarter hour<\/td><\/tr> Minimum <\/span>Same Day <\/span>On-site Rate of 1 Hour – within the Region – <\/span>All<\/span> Users<\/span><\/span> <\/span><\/td> $162.00<\/td> $40.50 \/quarter hour<\/td><\/tr> Minimum On-site Rate of 1 Hour – <\/span>Outside<\/span> the Region – <\/span>All<\/span> Users<\/span><\/span> <\/span><\/td> $162.00 + $4\/km travel beyond region boundary<\/td> $40.50 \/quarter hour<\/td><\/tr> Minimum Same Day On-site Rate of 1 Hour – Outside the Region – All Users<\/span><\/span> <\/span><\/td> $162.00 + $4\/km travel beyond region boundary<\/td> $40.50 \/quarter hour<\/td><\/tr> Minimum Offsite Rate of 1 Hour<\/span><\/span> <\/span><\/td> $162.00<\/td> $40.50 \/quarter hour<\/td><\/tr> Minimum On-site Rate of 1 Hour – within the Region \u2013 Gold Card Users<\/span><\/span> <\/span><\/td> $145.80<\/td> $36.45 \/quarter hour<\/td><\/tr> Minimum On-site Rate of 1 Hour – within the Region \u2013 Geek Plus Members<\/span><\/span> <\/span><\/td> $129.60<\/span> <\/span><\/td> $32.40 \/quarter hour<\/span> <\/span><\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n 2. ON-SITE VISITS<\/span><\/b><\/h2>\n\n\n\n
3. SERVICES<\/strong><\/h2>\n\n\n\n
4. PRODUCT OWNERSHIP AND RISK<\/strong><\/h2>\n\n\n\n
5. PAYMENT <\/strong><\/h2>\n\n\n\n
IMPORTANT NOTICE:<\/strong><\/h2>\n\n\n\n
6. CONFIDENTIALITY AND PRIVACY<\/strong><\/h2>\n\n\n\n